CIHM 
Microfiche 
Series 
(IMonographs) 


ICIMH 

Collection  de 
microfiches 
(monographies) 


Canadian  Instituta  for  Historical  Microraproductlons  /  Institut  Canadian  da  microraproductions  historlquas 


Technical  and  Bibliographic  Notes  /  Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best  original 
copy  available  for  filming.  Features  of  this  copy  which 
may  be  bibliographically  unique,  which  may  alter  any  of 
the  Images  in  the  reproduction,  or  which  may 
significantly  change  the  usual  method  of  filming  are 
checked  below. 


D 
D 

□ 

D 
D 

D 
D 

a 
n 


D 


Coloured  covers  / 
Couverlure  de  couleur 

Covers  damaged  / 
Couverlure  endommag^e 

Covers  restored  and/or  laminated  / 
Couverture  restaur^e  et/ou  peilicul^e 

Cover  title  missing  /  Le  titre  de  couverlure  manque 

Coloured  maps  /  Cartes  geographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)  / 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

Coloured  plates  and/or  illustrations  / 
Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material  / 
Reli6  avec  d'autres  documents 

Only  edition  available  / 
Seule  Edition  disponible 

Tight  binding  may  cause  shadows  or  distortion  along 
interior  margin  /  La  reliure  serr^e  peut  causer  de 
I'ombre  ou  de  la  distorsion  le  long  de  la  marge 
int^rieure. 

Blank  leaves  added  during  restorations  may  appear 
within  the  text.  Whenever  possible,  these  have  been 
omitted  from  filming  /  Use  peut  que  certaines  pages 
blanches  ajoutdes  lors  d'une  restauration 
apparaissent  dans  le  texte,  mais,  lorsque  cela  etait 
possible,  ces  pages  n'ont  pas  6te  fiim^es. 

Additional  comments  / 
Commentaires  suppl^menlaires: 


L'Institut  a  microfilm^  le  meilleur  exemplaire  qu'il  lui  a 
6\6  possible  de  se  procurer.  Les  details  de  cet  exem- 
plaire qui  sont  peut-6tre  uniques  du  point  de  vue  bibli- 
ographique,  qui  peuvent  modifier  une  image  reproduite. 
ou  qui  peuvent  exiger  une  modification  dans  la  m^tho- 
de  normale  de  filmage  sont  indiqu^s  ci-dessous. 

I     I  Coloured  pages  /  Pages  de  couleur 

I I  Pages  damaged  /  Pages  endommagdes 


D 


Pages  restored  and/or  laminated  / 
Pages  restaur^es  et/ou  pelliculdes 


r~pf  Pages  discoloured,  stained  or  foxed  / 
I I   Pages  d^color^es,  tachet^es  ou  piqu^es 

I      I  Pages  detached  /  Pages  d6tach6es 

L/j  Showlhrough  /  Transparence 

I      j   Quality  of  print  varies  / 


D 
D 


a 


Quality  in^gale  de  I'impression 

Includes  supplementary  material  / 
Comprend  du  materiel  suppl6mentaire 

Pages  wholly  or  partially  obscured  by  errata  slips, 
tissues,  etc.,  have  been  refilmed  to  ensure  the  best 
possible  image  /  Les  pages  totalement  ou 
partiellement  obscurcies  par  un  feuillet  d'errata,  une 
pelure,  etc.,  ont  et^  film^es  k  nouveau  de  fa^on  a 
obtenir  la  meilleure  image  possible. 

Opposing  pages  with  varying  colouration  or 
discolourations  are  filmed  twice  to  ensure  the  best 
possible  image  /  Les  pages  s'opposant  ayant  des 
colorations  variables  ou  des  decolorations  sont 
filmees  deux  fois  afin  d'obtenir  la  meilleure  image, 
possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below  / 

Ce  document  est  (ilme  au  laux  de  reduction  indique  ci-dessous. 


^ 

lOx 

14x 

18x 

22x 

26x 

30x 

1 
1 

>/ 

12x 

16x 

20x 

24x 

28x 

32x 

Th«  copy  film«d  h«r»  h«»  bacn  raproducad  thanks 
to  the  ganaresity  of: 

National  Library  of  Canada 


L'axamplaira  film*  fut  raproduit  grica  k  la 
e*n*rosit4  da: 

Bibliotheque  nationala  du  Canada 


Tha  imagas  appaaring  hara  ara  tha  bast  quality 
pouibia  conaidaring  tha  condition  and  lagibility 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contract  apacificationa. 

Original  copias  in  printad  papar  covars  ara  filmad 
baginning  with  tha  front  cowar  and  anding  on 
tha  last  paga  with  a  printad  or  illuatratod  impraa- 
aion,  or  tha  back  covar  whan  appropriata.  All 
othar  original  copiaa  ara  filmad  baginning  on  tha 
firat  paga  with  a  printad  or  iilustratad  Impraa- 
sion.  and  anding  on  tha  laat  paga  with  a  printad 
or  iiluatratad  impraaaion. 


Tha  laat  racordad  frama  on  aach  microficha 
shall  conuin  tha  symbol  -^  ''"••"•"^ 'CJI^; 
TINUEO").  or  tha  symbol  ▼  (maaning    tNO  I. 
whichavar  appliaa. 

Maps,  plataa.  charw.  ate.  may  ba  filmad  at 
ditfarant  raduction  ratios.  Thosa  too  larga  to  ba 
antiraly  includad  in  ona  axposura  ara  filmad 
baginning  in  tha  uppar  laft  hand  cornar.  laft  to 
right  and  top  to  bottom,  as  many  framas  as 
raquirad.  Tha  following  diagrams  illustrata  tha 
mathod: 


Las  imagas  suivantas  ont  *t*  raproduitas  avac  la 
plus  grand  soin.  compta  tanu  da  la  condition  at 
da  la  nattat*  da  l'axamplaira  film*,  at  an 
conformity  avac  laa  conditions  du  contrat  da 
filmaga. 

Laa  axamplairaa  originaux  dont  la  couvartura  an 
papiar  ast  ImprimAa  sont  filmis  an  commancant 
par  la  pramiar  plat  at  an  tarminant  soit  par  la 
darniAra  paga  qui  comporta  una  amprainta 
d'imprassion  ou  d'illustration,  soit  par  la  sacond 
plat,  salon  la  cas.  Tous  las  autras  axamplairas 
originaux  sont  filmis  an  commandant  par  la 
pramiAra  paga  qui  comporta  una  amprainta 
d'impraasion  ou  d'illustration  at  an  tarminant  par 
la  darniAra  paga  qui  comporta  una  taila 
amprainta. 

Un  das  symbolaa  auivants  apparaitra  sur  la 
darniira  imaga  da  chaqua  microficha.  talon  la 
cas:  la  symbola  — ^  signifia  "A  SUIVRE'.  la 
symbola  V  signifia  "FIN  ". 

Las  canoa.  pianchas.  Ubiaaux,  ate.  pauvant  atra 
f ilmAs  it  daa  taux  da  reduction  diff*rants. 
Lorsqua  la  documant  aat  trop  grand  pour  atra 
raproduit  an  un  saul  clich*.  il  ast  film*  *  partir 
da  I'angia  supAriaur  gaucha,  da  gaucha  i  droita. 
at  da  haut  an  baa.  an  pranant  la  nombra 
d'imagaa  n«cassaira.  Laa  diagrammas  suivants 
illustrant  la  m*thoda. 


1 

2 

3 

4 

5 

6 

MicKocofY  nsmuTioN  tkt  chart 

'ANSI  and  ISO  TEST  CHART  No    2i 


A     /IPPLIED  IIVMGE     Inc 


■  '16;  -er     g3oc    fno"* 

(716)    2S8       'i989    -  fa- 


Carnegie  Endowment  for  International  Peace 

DIVISION  OF  ECONOMICS  AND  HISTORY 

JOHN  BATES  CLARK.  DIRECTOR 


FEDERAL  MILITARY  PENSIONS  IN  THE 
UNITED  STATES 


WILLIAM  H.  GLASSON,  Ph.D. 

Profesior  of  Political  Economy  and  Social  Scienc 
Trinity  Collegt,  North  Carolina 


EDITED  BY 

DAVID  KINLEY 

Ptofenoi  of  Politicil  Economy,  UnWetiitr  ol  Iltinoil 
Member  of  Committee  of  Reiearcb  ol  the  Bndowmen; 


NEW  YORK 

OXFORD  UNIVERSITY  PRESS 

AMERICAN     BRANCH:     35    WEST    32nd     STREET 

London,  Toronto,  Melbourne  and  Bombay 

1918 


COPYRIGHT  I'^I-i 

HV     THE 

CARNEGIE    ESnOVVMEXT    KOR    INTERNATIONAI.    PEACE 

:  IACK9UN   PLACE.  WAlHINf.  ruN.   0    C 


Pres?  of  Byi<on  S.  Arams 
Washington,  D.  C. 


INTRODUCTORY  NOTE  BY  THE  DIRECTOR 

The  Division  of  Economics  and  History  of  the  Camegie 
Endowment  tor  inteniational  I'eace  is  organized  to  "promote 
a  thorough  and  scientific  investigation  of  the  causes  and  results 
of  war."  In  acc(jrdance  witli  this  purix>se  a  conference  of  emi- 
nent statesmen,  publicists,  and  economists  was  held  in  Berne, 
Switzerland,  in  August.  1911.  at  which  a  plan  of  investigation 
was  formed  and  an  extensive  list  of  topics  was  prepared.  An 
elalx>rate  series  of  investigations  was  undertaken,  and,  if  the 
war  had  not  intervened,  the  resulting  reixirts  might  have  been 
expected,  before  the  present  date,  in  printed  form. 

Of  works  so  undertaken  some  aim  to  reveal  direct  and  indi- 
rect consequences  of  warfare,  and  thus  to  furnish  a  basis  for  a 
judgment  as  to  the  reasonableness  of  the  resort  to  it.  If  the 
evils  are  in  reality  larger  and  the  benefits  smaller  than  in  the 
common  view  they  appear  to  l)e,  such  studies  should  furnish 
convincing  evidence  of  this  fact  and  afiford  a  basis  for  an 
enlightened  pf^licy  whenever  there  is  danger  of  international 
conflicts. 

Studies  of  the  causes  of  warfare  reveal,  in  particular,  those 
economic  influences  which  in  time  of  peace  bring  about  clashing 
interests  and  mutual   suspicion  and  hostility.     Thev  show  what 
policies,  as  adopted  by  different  nations,  reduce  the  conflicts  of 
interest,  inure  to  the  common  lienefit.  and  afford  a  l)asis   for 
mternational  confidence  and  gcx>d  will.     They  tend,  further,  to 
reveal  the  natural  economic  influences  which  of  themselves  bring 
about  more  and  more  harmonious  relations  and  tend  to  substi- 
tute general  benefits  for  the  mutual  injuries  that  follow  unin- 
telligent self-seeking.     Economic   internationalism   needs  to  be 
fortified  by  the  mutual  tnist  that  just  dealing  creates;  but  just 
conduct  itself  may  be  favored  by  economic  conditions.     These, 
in  turn,  may  l)e  created  partly  by  a  natural  evolution  and  partly 
by  the  conscious  action  of  governments;  and  both  evolution  and 
public  action  are  among  the  important  subjects  of  investigation 


J* 


IV 


INTKOUfCroKV  NOTE  BY  THE  UlRIX'TOR 


An  anx'al  to  reason  is  in  or<ivr  when  cxcitctl  it-eiings  render 
armed  conflicts  irntnincnt ;  Init  it  is  (|iiitc  as  surely  called  for 
when  no  excitement  exists  and  when  it  may  !<■  I'orestalletl  and 
prevented  from  developinj^  i»y  soimd  national  policies.  To  fur- 
nish a  scientific  l)asis  for  reasonable  international  policies  is  the 
puriiose  of  some  of  the  studies  already  in  projjress  and  of  more 
that  will  hereafter  l)e  undertaken. 

The  war  has  interrupted  work  on  rather  more  tlun  a  half  of 
the  studies  that  were  in  profjress  when  it  began,  but  it  has  itself 
furnished  topics  of  immediate  and  transcendent  importance. 
The  costs,  direct  and  indirect,  of  the  conrtict,  the  commercial 
policies  induced  by  it  and,  esj)ecially,  the  direct  control,  which, 
because  of  it,  governments  are  now  exercising  in  many  spheres 
of  economic  activity  where  formerly  competiticjn  and  individual 
freetlom  held  sway,  are  phenomena  that  call,  Ix'fore  almost  all 
others,  for  .scientific  study.  It  is  expected  that  most  of  the  in- 
terrupted work  will  ultimately  be  resumed  and  that,  in  the 
interim  before  this  occurs,  studies  of  even  greater  importance 
will  l>e  undertaken  and  will  l)e  pushed  rai)idly  toward  completion. 

The  publications  of  the  Division  of  Economics  and  History 
are  under  the  direction  of  a  Conmiittee  of  i'Jcsearch,  the  mem- 
bership of  which  includes  the  statesmen,  publicists,  and  econo- 
mists who  participated  in  the  Conference  at  I'erne  in  1911.  and 
two  who  have  since  been  added.  The  li.st  of  niemlx^rs  at  present 
is  as  follows: 

Eugene  Rorel,  Profes.sor  of  Public  and  International  Law  in 
the  University  of  Geneva. 

Giarles  Gide,  Professor  of  Comparative  Social  Economics  in 
the  University  of  Paris. 

H.  P>.  Greven,  Professor  of  Political  Economy  and  Statistics 
in  the  University  of  Leyden. 

Fran 'is  W.  Hirst,  21  Campden  Hill  Square,  London,  W. 

David  Kinley,  Dean  of  the  Department  of  Economics  in  the 
University  of  Illinois. 

Henri  I^i  Fontaine,  Senator  of  Relgiuni. 

His   I'.xcellcncv   I.ui"i   I.uzzaiti.   Professor  i>f  Constitutional 


INTKOULCTOKY  NOTE  BY  THK  UIRI-.CTOR  y 

Law   in  the  L'tiivtrsity  of   Iv'nmf;   Secretary   i.f  the  Treasury, 
1S<>1-IS'M;  I'rime  Minister  of  Italy.  l'X)H-l'ni. 

(inlaro  O-jaua.   Professor  of   Finance  in   the   University  of 
Kioto.  Japan. 

Sir  Gcorpe  I'.iish.  Plains  Hill,  Ump^field.  Surrey,  l-'-nj^land. 
Matteo   I'antaleoni,    J'rofessor  of    ['(.litical    I'conomy  in   the 
University  of  Rome. 

Paul  S.  Kein^ch,  United  States  Minister  to  China, 
tlis    i:xcellency    P.in.n    V.    Sakatani,    formerly    Minister   of 
Finance ;  formerly  Mayor  of  Tokio. 

Harald  VVesterpaard,  Professor  of  Political  Science  and  Statis- 
tics in  the  University  of  Copenhafjen. 

The  function  of  members  of  this  Committee  is  to  select  col- 
laborators competent  to  conduct  investifjations  and  present  re- 
ports in  the  form  of  l)ooks  or  luonoj^raphs ;  to  consult  with  these 
writer..;  as  to  plans  of  study:  to  read  the  completed  manu.scripts 
and  to  inform  the  officers  of  the  F.ndowment  whether  they  merit 
publication  in  its  series.     This  editorial  function  does  not  com- 
mit the  meml)ers  of  the  Committee  to  any  opinions  expressed  by 
the  writers.     Like  other  editors,  they  are  asked  to  vouch  for  the 
usefulness  of  the  works,  their  scientific  and  literary  merit,  and 
the  advisability  of  issuing  them.     In  like  manner  the  publication 
of  the  monographs  does  not  commit  the  Endowment  as  a  body 
or  any  of  its  officers  to  the  opinions  which  may  be  expressed  in 
them.     The  standing  and  attainments  of  the  writers  selected 
afford  a  guarantee  of  thoroughness  of  research  and  accuracy  in 
the  statement  of  facts,  and  the  character  of  many  of  the  works 
will  be  such  that  facts,  statistical,  historical,  and  descriptive  will 
constitute  nearly  the  whole  of  their  content.     In  so  far  as  the 
opinions  of  the  writers  are  revealed,  they  are  neither  approved 
nor  condemned  by  the  fact  that  the  Endowment  causes  them  to 
be  published.     For  example,  the  publication  of  a  work  describ- 
ing the  attitude  of  various  socialistic  bodies  on  the  subject  of 
peace  and  war  implies  nothing  as  to  the  views  of  the  officers  of 
the  Endowment  on  the  subject  of  socialism;  neither  will  the  issu- 
ing of  a  work,  describing  the  attitude  of  business  classes  toward 


„35 


vi  irnuoDUCToRV  note  by  the  uirfctor 

peace  and  war,  imply  any  agreement  or  ili'^aKrccinent  on  the  part 
of  the  ortkeis  oi  the  I'.mlttwnient  with  the  views  of  men  i>f  these 
classes  as  to  a  |>rotcctive  policy,  the  control  of  mon()|H»ly,  or  the 
regulation  of  hatikinn  and  currency.  It  is  necessary  to  know- 
how  such  men  jjeneraMy  think  and  feel  on  the  ^reat  issue  of  war, 
an<l  it  is  one  of  the  purposf«  of  the  I'.ndnw mciu  to  promote 
studies  which  will  accurately  reveal  their  attitude.  N'either  it 
nor  its  Committee  of  Research  vouches  for  more  than  that  the 
works  issued  t>y  them  contain  such  facts;  that  thei.-  statements 
concerninj,'  them  may  f,'cncrally  l)e  trusted,  and  that  the  works 
are.  in  a  scientific  way.  of  a  ([uality  that  entitles  them  to  a 
rcadinij. 

John  Hatks  Ci.akk. 

Director. 


ft 


EDITORS  PREFACE 

Uc  have  Inng  ncclol  a  cmnplcto  account  an.l  rc^  icw  .,t  .,ur 
ffn.,.,n  >>.t.ni.  I-,„fcss..r  (;!a»oM  has  ,sn[,,,h..|  ,h„  huk  hv  a 
v'.lnn.e  which  will  take  its  place-  a,no„j,.  ,hc  i,np,.,,a,u  co.mihn- 
Unns  to  the  histnrv  ni  our  country.  li,s  M.rvcv  of  the  Mihjcct 
trom  the  U-i;innui«  of  our  history  until  a  recent  <'latc,  i,  thoroi.uh' 
full  an.l  impartial  fie  not  only  furtushes  us  with  a  complete 
account  of  the  pensi.»n  system,  hut  aNo  enables  us  t..  ju.Jtre  of 
the  effects  of  such  a  system  as  we  luue  hitherto  emplove.l  on 
the  civil  and  fnihtical  life  of  r:  dem.HTacy. 

The  story  is  lK)fh  hearteninj,'  an.l  .lepressin^r.  The  rea.lei  who 
.s  alv,  an  American  citizen  will  take  a  |Kir.lonal.le  pn.le  in  the 
■  act  that,  as  the  st.jry  shows,  the  American  iK?ople  have  iKcn 
move.l  by  generous  impulses  in  their  provision  for  those  who  at 
one  time  or  another  risked  their  lives  in  the  militarv  an.l  naval 
service  ot  their  country.  [!ut  he  will  lx.>  depressed'  l,v  the  ac- 
count of  moral  .le^'encratio,,  an.l  political  c.rniption  that  j,'ni.l- 
ually  crept  into  the  admini^crati.jn  an.l  operation  of  .xir  old 
pension  system  as  in  the  lapse  of  tir.,e  the  sterner  motives  an.l 
hifrher  ideals  which  le.l  to  its  a.loption  faded  int..  the  dim  t)ack- 
groun.l  of  the  memories  of  the  war. 

The  fears  expresse.i  at  the  close  .>f  the  Revolution  that  the 
establishment  of  a  class  of  pensioners  would  endanger  lilxjrty 
and  .lemocracy  had  l.-ni,'  passe.l  awav  when  f!it  Civil  War 
came  uiK>n  the  country.  The  impulse  then  was  to  make  every 
pmper  pn.vision  for  our  .sol.liers  and  those  .lq.en.lent  on  them 
As  IS  usual  under  all  povemments  when  monev  is  to  k-  paid  out 
to  numerous  indivi.luals  in  the  o.mmunitv.  a  class  of  pe.»ple 
fastenc.l  themselves  as  parasites  on  th.-  beneficiaries.  The  pen- 
sion claim  afTcnt  api^eare.!  early  ..,  the  scene.  Un.ler  pretense 
of  assisfit:  prospective  pensioners.  Ik-  snnn  reached  a  sta£re  where 
he  absorbed  a  larcre  part  of  the  benefit  .  ,f  the  country's  -enerosity 
He  was  in  very  truth  a  bl.^.d-sucker  on  the  peasioner.  althou-h 


EDITOR'S  PREI  ACE 


posing  as  his  friend.  When  his  evil  activities  were  attacked  by 
disinterested  citizens,  he  stirred  up  the  prejudices  of  those  he 
was  tleecing  by  imjxjsing  0:1  their  credulity  and  leading-  them  to 
believe  that  their  interests  and  his  were  the  same.  Assisted  by 
political  leaders  from  time  to  time,  he  gradually  molded  the 
pensioners  into  a  political  faction  so  numerous  and  powerful  that 
in  time  it  came  to  hold  the  balance  of  p<ilitical  power.  Party 
leaders  and  i)arties  formed  their  ])latforms  and  policies  at  its 
behest.  The  public  treasury  became,  in  the  minds  of  many,  a 
proper  source  of  loot. 

The  evil  influence  of  the  al)ove  trend  on  the  moral  and  patri- 
otic character  of  the  pensioners  themselves  soon  became  evident. 
Many  of  them  came  to  look  upon  their  pensions  as  rewards  for 
service  rathei  than  as  tokens  of  the  country's  appreciation  of 
their  patriotism.  But  the  pension  which  any  country  can  ordi- 
narily pay  is  wholly  !nade(|uate  if  regarded  as  a  reward  for  serv- 
ice. Naturally,  therefore,  the  i)ensioners  insisted  on  larger 
pensions,  and,  assisted  by  the  claim  agent  and  the  politician,  they 
pushed  their  claims  until  the  financial  drain  on  the  country  be- 
came a  serious  one.    This  is  likely  to  happen  in  a  demociacy. 

The  moral  degeneration  caused  in  time  by  the  changing  view 
of  the  true  character  of  pensions  led  also  to  the  evil  of  extending 
them  to  men  whose  service  was  brief  and  resulted  in  no  injury 
to  them.  Moreover,  pensions  were  taken  without  coni])unction 
by  some  men  who,  while  technically  entitled  to  them,  had  i>tlier 
means  of  adequate  support  and,  indeed,  were  sometimes  rich :  to 
say  nothing  of  young  widows  of  old  soldiers.  For  such  i)eople 
to  take  pensions  is  to  throw  a  shadow  of  graft  on  the  whole 
system. 

As  a  result  of  these  and  other  evil  influences,  the  pension  ad- 
ministration, and  indeed  the  whole  pension  system,  became  grad- 
ually discredited.  Nf>lx>dy  l)egnidged  the  deserving  ])ensioner 
his  pittance  from  the  public  treasury-,  but  the  developing  rotten- 
ness of  the  system  led  the  public  at  last  to  look  with  more  or 
less  suspicion  on  applications  for  pensions,  even  when  they  were 
meritorious. 


EDITOR'S  PRKFACE 


'IS 


W'ht'u  the  present  war  l)r(>ke  out  Jietween  the  United  States 
and  (ierniany.  the  necessity  of  early  action  to  provide   for  our 
soldiers  and  their  families  was  stron<,dy  'eU  l)v  the  ,i,'Ovemniem. 
A  continuance  of  the  old  system  would  have  heen  probably  im- 
practicable  and   certainly   undesirable,   because  of   the   discredit 
under  which  it  had  come.      True,  under  the  inspiration  of  war 
the  patriotic  viewpcMut  l)<.'C(»mes  reestablished,  and  the  evils  of 
any  system  intended  for  the  lx.'nefit  of  our  soldiers  would  have 
sunk  more  or  less  into  the  background  n{  our  memon,-.     But  it 
was  fairer  to  the  soldiers,  .ind  better  for  both  the  public  and  the 
administration,  to  find  some  other  means  of  setting  at  rest  the 
anxiety  of  the  men  in  our  army  alx)Ut  the  future  of  their  families. 
The  new  plan  of  soldiers'  insurance  is  therefore  a  welcome  inno- 
vation.     It   has  the  advantage  of   inciting  more   strongly  the 
soldier's  self-resi)€ct,  of  giving  him,  as  it  were,  a  financial  "stake" 
in  the  provision  made  for  him,  by  comi)€lling  his  participation 
in  the  payment,  and  at  the  same  time  of  l)eing  less  likely  in  the 
long  run  to  arouse  criticism  and  opposition  l)ecause  of  the  drain 
on  the  public  trea-ury.     .Already,  however,  there  are  indications 
that  the  soldiers  will  have  to  l)e  protected  against  the  machina- 
tions of  the  successor  of  the  claim  agent.    The  "soldiers'  lawyer" 
is  already  oft'ering  his  assistance  for  a  consideration  to  secure 
for  the  soldier  rights  for  obtaining  which  he  needs  no  assistance. 
Congress,  the  administration  and  the  public  should  settle  this 
matter  early  l>y  making  it  impossible,  through  severe  legal  pen- 
alties, for  such  jieople  to  imiwse  u])on  tair  men.     It  should  be 
made  perfectly  clear  to  every  man  that  in  this  matter  he  may 
deal  without  e.xpense  directly  with  the  agents  of  the  govern- 
ment.   In  the  long  run.  to  be  sure,  even  the  agents  of  the  govern- 
ment are  likely  both  to  develo])  an  adnnnistrative  routine  which 
will  make  difficulties  for  api)licants  and,  for  political  or  i)ersonal 
advantage,  jjcrhaps  to  inject  some  elements  of  graft  or  extrava- 
gance  into   the   administration   oi   the  new   insurance  system. 
•Against  these  evils,  too,  the  public  must  keep  wide  awake  and 
make  i)roper  provision.     On  the  whole,  however,  we  must  wel- 
come the  new  insurance  plan  as  a  great  advance  on  the  old- 


X  EDITOR'S  PREFACE 

fashioned  pension  system,  Ixith  l>ecause  of  its  direct  ])ecuniary 
and  moral  advantages  to  tiie  injured,  and  the  less  likelih(X3d  of 
its  degeneration. 

The  editor  takes  the  oi>portunity  to  express  his  great  satis- 
faction with  the  thoroughness  with  which  Professor  Classon  has 
done  his  work. 

David  Kinley, 
Editor. 


FOREWORD 

The  (jresent  volume  eniI)odies  the  principal  results  of  an  investi- 
f,'ation  in  the  subject  of  military  pensions  carr-'ed  on  at  intervals 
for  many  years.     In   1900  I  broke  new  ground  with  a  mono- 
graph on  the  History  of  Military  Pension  Lcjislation  in  the 
United  States,  pul)lished  in  the  Columbia  University  Studies  in 
Political  Science.     This  survey  of  the  pension  legislation  of  the 
United  States  was  limited  in  scope  and  left  room,  in  particular, 
for  more  comiireliensivc  study  of  the  various  aspects  of  Civil 
War  pensions.     As  the  years  passed,  the  federal  pension  system 
also  underwent  important  change  and  development.     From  time 
to  time  I  published  articles  in  this  field  and  delivered  lectures  on 
the  subject  at  the  Johns  Hopkins  University,  Princeton  Univer- 
sity and  elsewhere.     In  1913  an  offer  of  substantial  assistance 
from  the  Carnegie  Endowment  for  International  Peace  encour- 
aged me  to  enter  actively  upon  a  long  cherished  plan  to  make  a 
fresh  anti  better  rounded  investigation  of  the  federal  inilitar>' 
pension  system  of  the  United  States  from  the  beginning.     The 
present  work  is  the  result.     Occasionally,  where  no  inii^rtant 
changes  or  additions  could  be  made,  some  passages  follow  rather 
closely  the-  te.xt  of  my  earlier  work.    J  have  not  thought  it  neces- 
sary to  make  specific  reference  in  such  cases. 

Though  l)egim  in  time  of  peace,  this  investigation  reaches  its 
conclusion  at  a  time  when  the  Ignited  States  is  a  participant  in  a 
world  war.  Within  a  few  weeks  the  old  jjcnsion  system  has 
l)een  .set  aside  aiid  rejected  as  a  means  of  protecting  the  soldiers 
of  the  present  war  and  their  dei)endent  relatives  against  the 
hazards  of  death  and  di.sability.  The  old  plan  of  pensions  con- 
tinues to  apply  to  our  previous  wars,  hut  for  the  future  the 
United  States  has  entered  upon  an  immenselv  important  experi- 
ment in  compensation  and  insurance.  Although  my  manuscript 
had  been  completed  l^fore  the  entry  of  the  United  States  into 
the  great  war,  I  was  glad,  in  giving  it  a  revision,  to  have  the 


xii  FOREWORD 

opportunity  of  adding  as  an  appendix  an  analysis  of  the  so-called 
War  Insurance  Law  of  Octol)er  6.  1917. 

I  am  indebted  to  the  Carnegie  Endowment  for  International 
Peace  for  the  financial  assistance  which  enabled  nie  to  bring  this 
investigation  to  a  conclusion  in  the  present  rathe*-  than  in  an 
indefinite  future.  Dean  David  Kinley,  who  ably  .  ,>  s.nts  the 
Carnegie  l-:n(lowment  as  editor,  has  placed  nie  under  obligation 
to  him  for  patience  and  friendly  encouragement  as  well  as  for 
wise  counsel  and  suggestion  drawn  from  his  mature  experience 
in  scholarly  writing.  Two  of  my  former  students,  Messrs.  Hol- 
land Holton  and  B.  W.  Barnard,  have  given  me  most  efficient 
and  painstaking  assistance  in  collecting  material  in  the  Library 
of  Congress.  To  various  members  of  the  staff  of  that  great 
library,  where  the  investigator  is  always  made  welcome,  I  owe 
thanks  for  courteous  assistance.  Mr.  Frank  F.  Rosenblatt  of 
Xew  York  aided  me  in  the  examination  of  articles  on  the  sub- 
ject of  pensions  in  newspapers  and  [leriodicals.  The  excellent 
index  was  prepared  by  E.  S.  Nock,  of  the  Carnegie  Endowment. 

WiLi.r.vM  H.  Glasson. 
Trinity  College,  Durham,  N.  C. 
November,  191  j. 


CONTENTS 


PAOE 

Introduction  1 

Part  I 

Pknsions  P.ased  o.v  Military  Service  Prior  to 
.March  4,  1861 

CHAPTER 

I     English  and  Colonial  Orii^rins 9 

II     Revolutionary  Pensions,   1776- 1789 19 

III  Revolutionary   Pensions.   1789-1878 54 

IV  Regular  Army  and  Navy  Pensions 98 

V  War  of  1812,  Indian  Wars  and  Mexican  War  Pensions   108 

Part  II 

Pensions   Based  o.v   Military   Service  After 
March  4.  1861 

I     Civil  War  Pensions — The  General  Law  System 123 

II     Civil  War   Pensions — .Arrears  Legislation — Pensions 

and  Politics   148 

III  Civil  War  Pensions— .\ct  of  June  27,  1890,  and  Ser- 

vice-Pensions— Pensions  and  Politics 204 

IV  Special  Pension  Legislation 275 

Appendix 

I     The  War  Insurance  I^w  of  October  6,  1917 283 

II     Brief  Outline  of  tiie  Provisions  and  Schedules  of  the 

.■\ct  of  October  6,  1917 287 

Bibliographical  Xote 296 

Index 299 


FEDERAL  MILITARY  PENSIONS  IN  THE 
UNITED  STATES 


INTRODUCTION 

A  military  j)ension  is  a  regular  payment  made  by  a  govern- 
ment to  one  who  has  served  in  its  armed  forces,  or  to  his  widow 
or  dependent  relatives.     It  is  a  gratuity  given  to  former  soldiers 
or  their  relatives  for  reasons  satisfactory  to  the  government, 
whether  as  compensation   for  physical   injuries,   or  to  relieve 
want,  or  purely  as  a  reward.     Army  pay  and  pensions  are  not 
matters  of  contract.     No  claim  for  a  pension  can  be  enforced 
against  the  state.     If  the  iovereign  community  requires  the  ser- 
vice, citizens  must  obey  the  call  to  the  colors  as  a  matter  of  duty 
and  without  regard  to  a  prospective  compensation  for  injuries 
or  sacrifices.    Even  when  the  benefits  of  pension  provisions  have 
been  firomised  in  order  to  secure  voluntary  enlistments  in  the 
army,  soldiers  must  rely  solely  u{X)n  the  good  faith  of  the  go%-- 
ernment  for  the  fulfilment  of  such  promises.     In  the  j^rfomi- 
ance  of  his  duty,  a  soldier  may  become  the  victim  of  wounds, 
casualties,  or  disease,  but  these  incidents  of  warfare  give  him  no 
right  to  a  pension  enforcible  against  an  unwilling  government 
W  hether  a  military  pension  be  granted  in  recompense  of  injuries 
or  as  a  mark  of  gratitude,  it  is  in  law  the  Ixjuntv  of  the  state ' 

Among  the  people  of  the  United  States  there  has  always  been 
a  strong  feeling  that  the  government  is  under  moral  obligation 
to  provide  for  the  aid  and  relief  of  those  who  have  been  dis- 
abled :n  Its  military-  service  and  for  the  support  of  the  widows 
and  dependent  relatives  of  the  slain.     This  sense  of  national 

or  diminish,  at  its  discretion.    See  107  U.  S.  Refcrts.M^  '  '""'*'« 


2      FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

responsibility  has  brought  about  more  or  less  adequate  pension 
provisions  for  the  benefit  of  the  soldieis  of  all  our  wars.  From 
the  very  l>eginning  of  our  government,  it  has  been  usual  for 
Congress,  in  passing  laws  to  raise  men  for  the  army  and  navy, 
to  promise  pensions  to  those  who  should  be  wounded  or  disabled 
in  the  military  service.  Frequently  such  laws  have  also  com- 
mitted the  government  to  the  payment  of  i)ensions  to  the  widows, 
orphans,  or  dependent  relatives  of  soldiers  who  should  lose  their 
lives  as  the  result  of  the  performance  of  military  duty.  Thus 
the  maintenance  by  the  United  States  of  a  reasonable  pension 
system  has  been  clearly  in  accord  with  principles  of  justice  and 
good  faith.  This  country,  however,  has  not  contented  itself  with 
merely  keeping  its  promises.  It  has  done  much  more  than  pro- 
vide pensions  for  invalids,  the  maimed,  and  the  dependent  and 
needy  relatives  of  the  slain.  Those  who  completed  the  period  of 
their  military  service  in  health  and  strength  have  in  later  years 
been  admitted  to  enjoy  the  Ixjunty  of  the  government.  The  fact 
of  military  service  has  Ijeen  made  the  basis  of  pension  grants, 
although  such  service  did  not  cause  disability  or  death.  In  its 
grants  for  the  reward  and  relief  of  soldiers  the  United  States 
l)eiision  system  has  become  more  generous — even  lavish — than 
that  of  any  other  nation  in  the  history  of  the  world. 

The  pensions  that  have  been  granted  to  our  former  soldiers 
may  l>e  divided  into  inralU-l^cnsions  (or  disability-pensions )  and 
scn-icc-pcnsions.  .\n  invalid-pension  is  one  granted  to  a  soldier 
on  account  of  wounds  or  injuries  received,  or  disease  contracted, 
in  the  military  service.  A  ser\-ice-pension  is  jji'ranted  in  recogni- 
tion of  military  service  for  a  si)ccified  length  of  time,  whether 
a  few  weeks  or  months  or  many  years.  The  applicant  for  a 
service-pension  is  not  required  to  show  that  he  was  injured,  or 
contracted  disease,  as  the  result  of  his  performance  of  military 
duty.  In  many  cases  limited  scrficr-pcnsiotis  have  l)een  given  to 
th(jse  sdkiiers  who  ser\-ed  for  a  specified  period  of  time  during  a 
war  provided  they  are  also  able  to  meet  certain  additional  require- 
ments not  connected  with  mili  ary  service.  Such  requirements 
may  l^e  indigence,  inability  to  perform  manual  labor,  the  attain- 


INTRODUCTION  3 

ment  of  a  certain  age,  or  the  existence  of  disease  or  disability 
not  of  service  origin. 

Logically  included  in  an  invalid-pension  system  are  provisions 
granting  pensions  to  the  widows  and  dependent  relatives  of  sol- 
diers whose  death  was  brought  about  by  causes  originating  in 
the  military  service.  Widows'  pensions  of  this  class  are  usually 
granted  regardless  of  the  length  of  the  soldiers'  service.  Con- 
nected with  a  service-pension  system  are  laws  granting  pensions 
to  widows  and  dependent  relatives  of  soldiers,  who  performed 
a  required  length  of  service,  without  regard  to  the  cause  of 
death.  Pensions  to  widows  are  sometimes  conditioned  on  the 
date  of  marriage,  whether  before,  during,  or  after  the  soldiers' 
service,  or  before  or  after  a  specified  date.  Sometimes  the  age 
of  a  widow  determines  her  eligibility  for  a  pension.  Generally 
widows  forfeit  their  pensions  by  remarriage. 

The  present  work  does  not  deal  with  the  many  and  varied 
provisions  for  the  reward  and  relief  of  former  soldiers  made 
by  the  commonwealths   of  the   American   union.     Such   local 
measures  include  pensions,  the  relief  of  indigent  soldiers,  sol- 
diers' homes,  preferment  in  appointments  to  public  office,  the' 
maintenance  of  institutions  for  soldiers'  widows  and  orphans!  and 
the  exemption  of  former  soldiers  from  various  public  obliga- 
tions or  duties.     In  all  of  the  southern  states  which  fought  to 
withdraw  from  the  Union.  i)ension  systems  are  maintained  for 
the  l^ncfit  of  the  soldiers  of  the  Confederate  armies  and  their 
widows.'     The  story  of  the  provisions  made  by  the  states  for 
pensions  and  soldiers'  relief  would  be  a  long  and  complicated  one. 
N'or  does  the  writer  propose  to  include  in  this  volume  all  that 
has  l)cen  done  l,y  the  federal  .crovernment  for  the  Ixjnefit  of  for- 
mer snldieis  and  their  relatives.     Reiirement  pay  has  been  pro- 
vided for  the  resfular  amiy  and  navy.     Vast  areas  of  the  public 
lands  have  been  -ranted  to  cx-soldiers  as  the  gift  of  a  grateful 

'For  hrief   accmmts  of  the  Confederate  pension  systems,   see  the  article 
on    Omfedemte  IVns.otis"  ,n  Han  and  McLaughlin's  CvrM^<rd,-.    ,/  C ! 

('-,  o  for  7'l""''r  '",'*/''"   \"  '""'^'  ^^  ^V-   "•  Glasson  on   "The   Sooth's 
C^ro   for   Her  Confederate   \  eterans"  in   the  RczHcw  of  /vVrim /for  July 


4       FEDEKAI.  MILITARY  PKNSION'S  IN  THE  UNITED  STATES 

nation.  Artificial  limbs  ami  mechanical  appliances  have  l)€«n 
provided  fur  the  maimed  and  ilisabled.  Many  thousands  of 
veterans  have  been  sheltered  and  cari-d  f\)r  in  national  soldiers' 
hcjmes  with  branches  in  various  sections  of  the  country.'  In 
employment  in  the  national  civil  service,  preference  has  Uen 
given  to  former  soldiers  over  other  citizens  equally  or  better 
(lualified.  When  death  has  claimed  the  veterans,  under  certain 
circiunstances  the  government  has  paid  the  expenses  of  their  last 
illness  and  burial  and  has  erected  headstones  to  mark  their 
graves.  Many  of  the  dead  have  found  their  last  resting  place 
in  l)eautiful  national  cemeteries. 

In  jiensions  the  federal  government  has  i)aid  out  considerably 
more  than  five  billions  of  dollars  to  the  soldiers  of  its  various 
wars.  The  pension  system  is  by  far  the  most  important  provi- 
sion that  has  been  made  for  the  recognition  and  reward  of  mili- 
tary services.  The  origin  of  this  system,  its  development,  its 
application  to  our  several  wars,  its  administration,  and  its  politi- 
cal, economic,  and  moral  relations  and  efTtcts  form  the  subject 
matter  of  this  investigation. 

The  pension  laws  of  the  United  States  make  a  sharp  distinc- 
tion l)etween  military  service  in  the  "old  wars"  before  March  4, 
1861,  and  service  in  the  armed  forces  of  the  I'nited  States  since 
that  date.  Accordingly  Part  I  deals  with  pensions  based  on 
service  rendered  prior  to  March  4,  \8Ci\,  and  Part  IT  deals  with 
[jensions  granted  on  account  of  military  operations  from  the 
beginning  of  the  Civil  War  to  the  present."  In  so  far  as  the 
pension  laws  can  \x:  classified  according  to  wars  or  on  some 
other  important  principle,  the  topical  plan  of  treatment  has  l>een 
adopted.    Within  the  various  topics,  the  subject  has  been  treated 


>  111  the  firi^t  (iii.irtcr  of  1915  there  were  21,00l>  veterans  cared  {or  in  twelve 
national  soldiers'  homes. 

-On  October  6.  V)\7,  a  new  and  comprehensive  act  liecamc  law  providing 
insurance  and  compensation  for  death  or  disability  for  the  benefit  of  soldiers 
and  sailors  employed  in  the  armed  forces  of  the  United  States.  Thus  the 
participation  of  tlie  United  States  in  the  Iluropean  War  has  opened  a  new 
era  in  otir  national  provisions  dealing  with  death  and  disability  caused  by 
military  service.  The  old  pension  system  remains  in  force  as  applied  to 
militarv  service  before  October  6.  19l7. 


INTKODUCTION  3 

chroiioloffically.  lonsideraWe  information  rcRardin;,'  tlie  admin- 
istration of  the  pension  laws  is  infscn>v,i  incidentally,  Imt  an 
ade<|uate  and  detailed  treatment  of  that  phase  of  the  subject 
would  furnish  material  for  a  separate  volume.  [Reliance  has  I.etn 
placed  largely  u\H>n  the  facts  brought  out  in  the  narrative  to 
exhibit  the  political,  econr.mic.  and  moral  effects  of  the  [wnsion 
system. 

A  study  of  our  military  |)ension  system  must  deal  with  many 
technicalities  and  ditticult  di>tinctions.  It  has  Iteen  constantly 
the  auu  of  the  writer  to  achieve  precision  of  statement  without 
overnnich  burden.some  detail.  He  can  not  hope  to  have  l)ecn 
always  successful.  Doubtless  jjeneral  readers  will  fmd  details 
piven  to  a  wearisome  extent  in  some  of  the  cha()ters.  On  the 
other  hand  exiK'rt  critics  may  think  that  some  statements  should 
have  been  further  (|ualitied.  and  matters  oimtted  for  the  sake  of 
simplicity  and  clearness  may  seem  to  them  imi>ortant.  If  on  the 
whole  the  uork  i>  f(.und  to  ])resent  what  is  most  essential  in  a 
clear  and  trustworthy  manner,  the  writer  will  ''  '  that  he  has 
not  labored  in  vain. 


PART  I 

PENSIONS  BASED  ON  MILITARY  SERVICE 
PRIOR  TO  MARCH  4,  1861 


M 


ITS- 


^m 


:"l&'i-'^ 


« 


CHAPTER  I 

English  and  Colonial  Origins 

It  was  in  tlie  reisn  of  Klizaheth.  not  long  iK'fore  the  beginning 
of  linglish  colonization  in  America,  that  the  problem  of  caring 
for  poor,    sick,    and   maimed   soldiers   first   compelled    definite 
national  recognition  and  action  in  England.     What  to  do  with 
the  great  mimhers  of  soldiers  retnrnitig  from  her  wars  was  a 
chronic  and  difficnlt  riuestion.    The  able-bodied  and  unemployed 
were  given   to   rioting,   violence,   and   theft:   the  disabled  and 
maimed  l)ccame  vagalvmds  and  beggars.'     The  queen  herself, 
when  she  went  out  to  take  the  air.  was  troul)led  with  the  impor- 
tunities of   "these  nn'serable  creatures."      Agencies   which    for- 
merly had  extcnde.i  much  relief  to  such  poor,  infirm,  and  maimed 
persons  had  been  destroyed  in  the  decay  of  the  feudal  system 
and  the  dissolution  of  mona-teries  and  other  charitable  founda- 
tions.   "A  statement  of  the  inconveniences  arising  ui>on  the  dis- 
solution an.l  g.Mug  \,-ic]  avay  of  hospital  lands  and  revenues" 
submittal   t,.  Cecil    Lord    IJurghley   in    1503,   me.nions   '"taking 
rebet  from  the  aged  and  impotent  jXK^r,  disfurnishin-  the  realrn 
of  places  to  send  maiiue.i  soldiers  to."  an.l  "enfeebling  their  hearts 
when  they  know  not  how  to  l)e  inovided  for  if  thev  are  maimed  "^ 
Parliament  was  compelled  to  deal  with  the  problem  l.v  reasons 
sunilar  to  those  which,  brought  al>out  the  pour  laws  of  Elizabeth's 
time.     In  the  session  of  1502-3  was  passed  the  first  statute  "for 
reliefc  of  .'^ouldiours.'"''' 

Thi.  English  pension  law  is  intL-rcsting  as  a  precursor  of  the 
.\mencnn  colonial  pensinn  legislation  ,,f  the  first  half  of  the 
seventeenth  century.  It  provided  for  those  who  had  served  since 
March  m  the  year  of  the  .'Spanish  .\rma.la.    The  preamble  recited 


■i:     I'    riuuioy:    .1    llisl.ry   ..'   EnnluHi.     From    the   [\-f, 


•  t    of  the   Ar- 


■Chels.a  llostilo.l  l\,f,-rs.  5. 
^  .^5  i:iiz.ibeth.  ch.  4. 


i 
if 


'''!^'-,:--  .;?>^^H^i^^Li^^gy^ 


10    FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

that  "forasmuch  as  it  is  agreeable  with  Christian  Charity  Policy 
and  the  Honor  of  our  Nation,  that  such  as  have  since  the  25th 
day  of  March,  1588,  adventured  their  lives  and  lost  their  limbs 
or  disabled  their  bodies,  or  shall  hereafter  adventure  their  lives, 
lose  their  limbs,  or  disable  their  bodies,  in  defence  and  service  of 
Her  Majesty  and  the  State,  should  at  their  return  be  relieved  and 
rewarded  to  the  end  that  they  may  reap  the  fruit  of  their  good 
deservings,  and  others  may  l)e  encouraged  to  perform  the  like  en- 
deavors :  Be  it  enacted,"  and  so  forth.  Rates  for  the  relief  of 
sick,  maimed,  or  disabled  soldiers  or  mariners  were  to  be  levied 
in  the  jxirishes.  The  pensions  were  to  be  payable  quarterly  in 
amounts  directed  by  the  justices  in  Quarter  Sessions  and  were 
not  to  exceed  ten  po  ;uds  a  year  to  a  private  soldier  nor  twenty 
pounds  to  a  lieutenant.  Soldiers  were  chargeable  to  the  place 
where  they  were  pressed,  or,  if  not  pressed,  to  the  place  of  resi- 
dence or  birth.  Those  who  begged  were  liable  to  a  forfeiture 
of  their  ])ensions.  The  act  was  to  continue  in  force  only  to  the 
end  of  the  next  session.  It  soon  met  with  obstacles  in  execu- 
tion. There  was  complaint  that  the  justices  sent  the  applicants 
from  the  place  where  they  were  impressed  to  the  place  where 
they  were  lx>rn  and  rice  ^rrsa.  and  that  the  counties  generally 
failed  to  certify  the  amounts  collected  for  soldiers.' 

Later  acts  continued  and  amplified  the  statute  of  1592-3,  and 
by  1599  the  .-system  seems  to  have  l)een  fairly  in  operation.  In 
the  last  parliament  of  l-llizalnjth  (1601  ),  in  view  of  the  increas- 
ing numbers  to  l)e  provided  for,  a  new  statute  for  the  "necessarie 
reliefe  of  souldiers  and  mariners"  was  enacted."  It  contem- 
plated a  similar  plai.  of  relief,  but  amplified  the  details  of  ad- 
ministration and  increased  the  maximum  contribution  of  the 
parishes.  This  law  was  continued  in  force  from  time  to  time 
durini;  the  reigns  of  James  I  and  Charles  I,  and  in  1640  its  ap- 
plication was  extended  "until  some  other  Act  be  made  touching 
the  statutes  so  continued."' 


1  Chelsea  Hospital  Papers,  6. 
-43  I-"lizatKtli,  ch.  3. 
»  16  Car.  I,  ch.  4. 


^m.._  _,,_, 


EXGLFSH  AND  COLONIAL  OKIGIXS  H 

During  the  Commonwealth  there  is  evidence  of  the  defraying 
of  peiisions  to  soldiers  from  national  funds  rather  than  from  the 
proceeds  of  local  taxation  in  counties.     Sums  were  appropriated 
out  of  the  receii)ts  from  sequestrations  and  also  were  charged 
upon  the  excise.     After  the   Restoration,  a  committee  of   the 
House  of  Commons  inquired  into  the  matter  of  relief  for  sick 
and  maimed  soldiers.     Many  petitions  were  presented  on  tlieir 
behalf.     An  act  was  passed  in  1662  which  again  made  such  re- 
lief a  charge  on  the  loc-al  rates.'     I5ut,  Ijccause  of  the  use  of 
national  funds  for  this  purpose  during  the  Commonwealth,  the 
act  was  felt  to  be  a  grievance  by  those  who  had  I;een  relieved  of 
this  burden,  and  it  was  not  renewed  when  it  expired.     When, 
between  1680  and  1690,  England  came  to  have  a  standing  army 
with  the  permanent  enlistment  of  troops,  it  was  found  necessary 
to  establish   a  pension   provision  und-"-  some  new  plan.     The 
method  adojjted  was  the  care  of  invalid     in  what  we  now  call  a 
soldiers'  home.     In  1681  Charles  II  announced  by  letters  patent 
the  intention  to  erect  and  endow  an  instit'      .n  called  Chelsea 
H(!>;pital.-     This  was  to  l)e  a  home  for  su    .   land  soldiers  as 
were,  or  might  he.  lame  or  infirm  in  the  ser\-ice  of  the  Crown. 
The  public  were  expected  to  contribute  lilierally.     Funds,  how- 
ever, came  in  sluwly,  and  the  building  went  on  for  many  years. 
The  kinq-  contrilnited   from  the  secret  service  money,  and"  later 
the  plan  of  making  regular  deductions  from  the  pay  of  troops 
for  the  supjiort  of  the  hospital  was  hit  upon.     In  1692  the  in- 
stitution finally  was  opened. 

Chelsea  Il.wpital  was  intended  tor  noncommissione<I  officers 
and  men.  At  the  ojiening  it  provided  a  home  for  somewhat  less 
than  .^00  persons,  and  it  contained  alwut  this  num,.er  up  to  1816. 
It  is  worthy  of  note  that  the  buildings  were  designed  by  Sir 
Christopher  Wren.  From  the  l>eginning  the  hospital  was  inad- 
equate to  receive  all  applicants,  and  there  grew  up  a  custom  of 
making  allowances  to  soldiers  who  awaited  vacancies.     At  first 


14  Car.  II,  cli.  9. 


-Chclsa,  Jlosnial  rufri.  LU16.     Tins  valuable  compilation  .s  full  of  in- 
formauon  reKar.hng  the  early  history  of  pens.ons  to  soldiers  m  Enjland 


12    FEDERAl  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

there  were  about  10()  out-pensioners,  but  soon  the  number  in- 
creased until  toi>  great  for  the  revenue  of  the  institution  from 
deductions  from  army  pay.  Beginning  with  1703,  the  funds  of 
the  hospital  were  supplemented  fnnn  time  to  time  by  grants 
made  by  rarlianient  at  the  cost  of  the  exchequer.  The  number 
of  out-piiisioners  became  very  large,  Injing  13.'>31  in  1776  and 
20.592  in  178'*.'  l-'roni  time  to  time,  when  war  broke  out,  com- 
panies of  invalids  were  raised  out  of  the  pensioners  for  light 
duty.  Thus  under  the  above  plan  I'ngland  was  at  the  time  of 
the  .\merican  Uevnlutinn  ]jr()viding  i'  r  a  considerable  list  of 
military  ])cnsioners. 

Scion  after  pp>vi-ion  had  been  made  for  the  relief  of  private 
.soldiers  bv  the  building  and  endowment  of  Chelsea  Hospital  and 
the  estalilishment  of  its  list  of  out-pensior.ers,  dislvmded  officers 
of  the  British  army  were  allowed  half  pay."  This  was  done 
beginning  with  K)">7  or  1698.  Such  officers  were  liable  to  be 
called  into  service  nn  the  outbreak  of  war.  \n  illustration  of 
the  emidovment  of  retired  officers  and  invalid  soldiers  occurred 
on  the  occasion  nf  the  Jacobite  rebellion  in  the  autunm  of  1715. 
Then  the  whole  of  the  officers  on  half  pay  were  called  up<3n  to 
hold  themselves  ready  fur  service,  and  twenty-five  companies  of 
Cl'.elsea  pensioner.,  were  formed  to  take  over  the  luties  of  the 
garrisons  and  to  release  the  regular  troops  for  work  in  the  field. ^ 
This  system  remained  in  force  for  many  years,  and,  as  we  shall 
see  later,  a  similar  jilan  was  introduced  in  .\merica  during  the 
Revolution.  There  were  also  prevalent  about  this  same  period 
vari  'US  arrangements  for  relieving  the  widows  of  deceased  offi- 
cers  at  the  expen-e  of  the  army  ]iay  roll — such  as  the  carn'ing 
of  a  fictitious  man  nii  the  roll  of  each  company  whose  jiay  was 
taken  for  the  widows'  fund.  In  sc  lie  iiisiances  mere  children 
recei\cd  coiiimissions  in  regiments  in  which  their  fathers  had 
coniiiia!i'led.' 


1  Cli.-hci  ll.Kir:!'''  /"■'t'-'--^.  ^^\  ■^<X  ?-■  •''■1.  ^■^■ 
llisi  "y  ,,f  ilu-  UnlLin     limy.  i.   .iS5-.'S9. 

■     !'"rlrv,-|lr.     ii     (,, 

*/'-,/..  I.  57'.  5:s, 


.\!-i 


\    -'i^^ir*^  i.fi.-«r:aws^^ 


s^vewmmum'-^m 


ENGLISH  AND  COLONIAL  ORIGINS 


13 


III  view  of  the  fact  that  the  practice  of  granting  militaty  pen- 
sions was  well  estahlished  in  their  home  country  in  the  eighteenth 
century,  it  was  natural  that  the  ilnglish  colonists  in  America 
should  provide  for  the  relief  and  support  of  their  soldiers  in- 
jured in  wars  with  the  Indians  or  with  the  colonists  of  other 
nations.  As  early  as  1624,  while  Sir  Francis  Wyatt  was  gover- 
nor, the  general  assembly  of  \''rginia  passed  a  body  of  laws  and 
orders  which  were  sent  to  i-'ngiand  for  ratification  by  the  courts 
of  the  \irginia  Company.'  The  thirty-second  article  in  these 
laws  was :  "That  at  the  l)eginning  of  July  next  the  inhabitants 
of  every  corporation  shall  fall  upon  their  adjoyning  Salvages, 
as  we  did  last  year — Those  that  shall  be  hurte  upon  ser\-ice  to 
l>e  ctired  at  the  publiciue  charge;  in  case  any  be  lamed  to  l)e 
maintained  l>y  the  country  according  to  his  person  and  quality." 
Governor  Wyatt  fell  upon  the  savages  during  the  summer  of 
1624.  commanding  in  person  an  expedition  against  the  I'amun- 
kevs.-  However,  the  Ixxly  of  laws  and  orders  from  which  the 
(juotation  has  been  made  arrived  in  England  tO"  late  for  ratifi- 
cation. The  king  h.id  required  the  X'irginia  Company  to  sur- 
render its  charter  and  had  made  the  colony  royal.  Most  of 
these  laws  were  again  passed  by  subseipient  general  assemblies. 
As  til  pensioning  those  hurt  in  fighting  the  Indians,  the  assem- 
blv  voted  in  October,  16>44:  "Whereas  in  the  late  expeditions 
against  the  Indians,  diverse  men  were  hurt  and  maymed  and 
disabled  from  provide'ng  for  their  necessary  maintenance  and 
subsistance.  Be  it  therefore  enacted  by  the  authority  of  this 
present  Grand  .Assembly,  That  -.'W  hutL  or  maymed  men  Ik;  re- 
leived  and  provided  for  by  the  several)  counties,  where  such  men 
re-ide  or  inhabit!.'" '  This  plan  of  requiring  the  localities  to  care 
for  disabled  soldiers  resident  in  them  was  similar  to  the  system 
of  relief  in  force  in  England  under  the  act  of  1640  and  previous 
laws. 

A  \'irginia  act  for  defense  against  the  Indians  passed  in  1675 


1  Hening's  St.ilulr^  at  I.arrie.  i.  121-129. 

-.Alexander  Brnwii,   The  iirst  Kcf'ublu-  in  .-imcrtcu.  (iO6-(i07. 

3  Htninp,  i,  287.     See  also  H-ning,  ii.  331,  347.  440  tor  other  pension  laws. 


■?ii 


■\JI!r.W:v,W  '•AT"-f''M9mmirSSI[^HffMi^SIS3S' 


14    FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

provided  "that  tluc  considciation  shall>e  had  by  the  grand  as- 
semhly  of  the  indigent  tifamilies  of  such  as  happen  U)  lie  slaine, 
and  of  the  i)er.s()ns  and  ffaniilies  of  those  who  shall)e  maimed 
and  disabled  in  this  warr."  A  similar  law  of  June,  1676,  pro- 
vided that  maimed  and  disabled  soldiers  should  be  "maintained 
by  the  publicjue  by  an  annuall  pension  dureing  their  lives,  and 
(kireinpf  the  time  of  such  their  disabilitie."  Other  provisions  of 
this  kiid  for  those  wounded  in  the  Indian  Wars  and  in  the 
French  and  Indian  War  might  readily  !)e  cited. 

Since  the  Virginia  ixjnsion  provision  of  1624  did  not  receive 
the  necessar\-  ratification  of  the  company  in  England,  the  I'ly- 
mouth  Colony  should  prolwbly  l>e  credited  with  the  earliest  pen- 
sion enactment  in  .\merica.  .\s  early  .is  1636  the  Pilgrims 
enacted  in  their  court  that  "if  any  man  shall)ee  sent  forth  a-s  a 
souldier  and  shall  return  maimed  hee  shall)ee  majntained  com- 
(Wtently  by  the  Collonie  during  his  life."'  This  promise  of  relief 
was  meant  to  encourage  the  colony's  soldiers  against  the  Pequod 
Indians  who  were  then  at  war  with  the  Fnglish  settlers  of  Xew 
England. - 

The  general  court  of  the  Massachusetts  P>ay  CoUmy  apixnnted 
in  1676  a  standing  committee  to  consider  the  petitions  of 
wounded  soldiers  for  relief,  and  to  report  to  the  court  what  they 
judged  meet  to  Ik?  done.  In  1679  the  general  court  ordered 
■;onie  wounded  soldiers  to  apply  to  this  coniniitt(.-e  for  relief,  its 
meetings  l>eing  appointed  for  the  sccoivl  Tue-day  in  September 
and  the  second  Tuesday  in  March  in  "P,o>ton  iouiie  IbMise."" 
After  the  union  of  Massachusetts  Ray  and  Plymouth  bv  the 
charter  of  16ni,  an  act  ni  Xovcmber  2^.  16'>.i,  was  i)assed  for 
the  Icvyiiiq-  of  -oldic-rs.'  This  law  O'litimu'd  to  ili-abled  so'diers 
an!  -eanien  the  vearly  pennons  allowed  hv  the  farmer  govern- 
ment, and  )irovi(lcd  for  tb.e  'rrantinrr  of  relief  otit  of  the  puli'ic 
treasury  to  such  as  miirlit  thereafter  be  (b'^abled  in  the  militarv 

^  I'lym'Uth  ('nl,:\    A',,  .'r,,'t    vi,   Law.   lO'i. 

=  H.    M.    .'^ylvcsK  r.   liidiaii    H'nrt  ,f  \\-u'   V.rqlind,   i,    K^    110. 

^  R,-0'rds  of  C"l. 'ity    )f   '.f.issih-l:ii.<rtl.<:  Piy.  v,  SO,  227. 

*  .Iff  ,uid  l\',S:u:,-s  of  rrorhuc  of  Mjssnrhuyctts  Bav.  i.  135. 


i 


1 


ENGLISH  AND  COLONIAL  ORIGINS 


15 


service  of  the  province.     Sul).-^tantially  similar  pnjvisions  are  to 
be  found  in  later  military  laws  of  the  colony. 

The  colonial  laws  of  Maryland  alsu  illustrate  the  way  in  which 
I)ensions  were  promised  to  disabled  s<jldicrs  in  order  to  encour- 
age enlistment  against  the  Indians.'  Ir  April  i^f  1661  the  gen- 
eral assembly  of  Maryland  i  let  in  session  at  St.  Mary's.  To  the 
assembled  deli'j^ates  and  burgesses  of  the  two  houses  came  re- 
ports that  the  Indians  had  lately  killed  .>ome  l.ngli.sh  on  the 
I'atapsco  River.  Steps  were  taken  to  authorize  the  raising  of 
a  Ixwiy  of  able  men  to  go  against  the  Indians,  .\ppropriately 
enough  an  act  was  brought  before  the  a^s<•mbly  for  the  encour- 
agement of  such  soldiers  as  should  enlist  for  the  defense  of  the 
country.  It  was  enacted  "that  every  j)erson  that  shall  adven- 
ture as  a  Souldier  in  any  warre  in  the  defence  of  the  Country 
and  shall  therein  happen  to  l)e  maymed  or  receive  hurt,  shall 
according  to  his  place  and  Qiiallity  receive  mayntenance  from 
the  Country  according  to  his  disabillity  for  mayntayning  him 
selfe."  This  act  was  confirmed  in  L(jrd  Baltimore's  name  in 
.\l)ril.  1662.  and  in  later  records  we  find  it  referred  to  a.-,  "the 
per[>etuall  I^w  of  this  Province." 

The  Maryland  militia  law  of  X(>veml)er.  1678.  contained  un- 
usually com()rehensive  i)ension  provisions  for  a  seventeenth  cen- 
tury enactment.  It  pronii.sed  the  soldier  who  should  l)e  so  in- 
jured while  defending  the  province  as  to  Ix;  rendered  incapabU 
of  getting  a  livelihood  a  yearly  pension  out  of  the  public  lew  of 
the  province.  This  allowance  was  to  he  proportioned  to.  and 
for  the  time  of.  the  disability.  The  act  i-  e-()ecially  worthy  (jf 
note  for  its  early  and  specific  provision  for  the  widows  anrj 
orphans  of  the  slain.  It  read-:  "I".\.ry  person  Slaine  in  the 
service  of  this  Provinre  i.^-  leaveing  behind  him  a  wife  and  Chil- 
dren such  wife  and  Children  <hall  aUoe  Ik-  allowed  a  Comi)etent» 
pension  the  wife  ilureinir  her  widd  'AhiKwl  and  the  Children  till 
tlu-y  Ik?  oi  yeares  able  to  gett  their  I.iveings  or  be  putt  out  ao- 
prfnticcs    .\nd    that    this    pension    -hall    be    yearelv    I\ated    and 


'.-)>-(■/; i;v.j  of  .!/(/.,  !'r.i:c,-ijii!,is  ,/  .Is.u'iiihh-.  I'l^r-.i.*?  t.j   \f/A    40s    4Vi  ;inH 
al^.i  ihid..  If)78-l'j83.  58, 


•3 


n- 


>^' 


4 


M 


Mi*  ■ 


^^^^SlS^S^f^^^SES 


^ 


1.  ■•  v^™« 


siiiims^^H^' 


16    KKDKRAI.  MlLlTAin'  PF".\SU^NS  IN  THE  L'N'ITKD  STATES 

allowed  out  of  the  i'uhlick  Levy  as  aforesaid  l)y  a  General! 
assenihly  the  party  petitioning;  for  such  pension  and  allowance 
prociircinj;  a  Certificate  from  the  Commissioners  of  the  Connty 
Court  where  ho  shee  or  they  live  that  he  she  or  they  are  Objects 
of  Charity  \-  deserve  to  have  such  pension  and  allowance."  In 
1^)81  it  was  provided  that  these  pensions  should  l)e  paid  out  of 
the  fifty  thousand  pounds  of  tobacco  which  was  to  1«  raised  by 
public  levy  to  defray  the  small  charges  of  the  province  during 
th''  intervals  lietween  the  meetings  of  the  general  assembly.  In 
subse(|ueiit  acts  Maryland  continued  her  lilieral  policy  in  the 
matter  of  military  ])ensions. 

N'ew  York,  in  the  militia  law  passed  May  6.  16*)1,  provided 
that,  "If  any  person  upon  any  invasion  or  other  publick  niilitarj' 
service  be  wounded  or  disabled  he  shall  l)e  cured  and  maintained 
otit  of  the  i'ublick  Revenue."'  This  was  during  the  pr)gress  of 
King  William's  War.  Later  New  \'ork  militia  laws  down  to 
the  time  of  the  Revolution  contained  provisions  similar  to  the 
above. 

[■".arly  eighteenth  century  pension  legislation  in  the  colonies  is 
illustrated  by  the  RIumIc  Island  law  passed  in  171S.  a  few  years 
after  the  close  i)f  Oueen  Anne's  War."  I'or  the  comprehensive- 
ness of  its  scope  this  measure  will  stand  comparison  with  L'.iited 
States  pension  legislation  of  one  hundred  and  fiftv  years  later. 
The  act  provided  that  every  officer,  soldier,  or  sailor,  employed 
i'l  the  colony's  service,  who  should  lie  disabled  by  loss  of  limb  or 
otherwise  from  getting  a  livelihood  for  himself  and  family  or 
other  (lei>en(Ient  relatives,  should  have  his  wounds  carefully 
looked  after  and  healed  at  the  colony's  charge,  and  should  have 
an  ptmual  pension  allowed  him  out  of  the  general  treasurv-,  sufifi- 
cient  for  the  maintenance  of  himself  and  family,  or  other  de- 
pendent relatives.  In  case  a  person  who  had  the  charge  of 
maintaining  a  wife,  children,  or  other  relations  should  l)c  slain 
in  the  c'>lony's  service,  such  relatives  were  to  be  maintained  by 
a  yearly  i>ension  in  such  amount  as  the  general  assembly  should 

'  C'l.'ruil  '..irr.t  '  /  .V.Tc   Vorh.  i.  2.'^4. 
■.■1,1s  a>:,i  L.ius  </  l<h,:,i<-  /'/,;..,/,  74. 


■'^^^V^^^'^'^Pi' 


-^^n  -Mi. 


«|pfJt". 


I-NGLISH  AND  COI.OM.M.  OKIGINS 


17 


deem  sufficii-nt  "until  such  Wife,  Children.  Parents  or  other 
Relations  shall  hapiH.*n  to  Die  or  l)e  able  to  Subsist  or  Maintain 
themselves."  The  town  council  of  each  town  in  the  col  )ny  was 
charged  with  the  care  and  ovcrsijjht  of  resident  ]>ensioners.  liach 
council  was  from  time  to  time  to  receive  the  pensions,  and  "there- 
with supply  such  persons  as  they  shall  stand  in  need  thereof." 

These  examples  of  pension  legislation  in  several  of  the  .Amer- 
ican colonies  aim  to  afford  a  fair  idea  of  its  scojjc  and  character 
and  to  show  that  much  of  colonial  precedent  and  experience  was 
hack  of  the  development  of  our  great  national  pension  system. 
Seeking  to  secure  enlistments  in  military  expeditions  against  the 
Indians,  or  again.st  the  French,  the  colonies  promised  to  care  for 
those  who  should  Ix;  di.sal)le»l  and  Ik;  left  \  ithout  means  of  ol>- 
taining  a  livclihotKl,  and  also  to  aid  the  indigent  families  of 
those  who  should  fall  in  battle.  It  is  to  \k  noted  that  the  di.'r- 
abled  j)ensi(iner  was  required  to  l>e  incapable  of  earning  a  liveli- 
hood. A  wound  or  injury  would  iK)t  of  itself  entitle  to  a  pen- 
sion. Widows  and  dependent  relatives  were  usually  required  to 
l>e  in  indigent  circumstances,  and  in  Maryland  "objects  of  char- 
ity." Pen.sion  pnAisions  came  to  l)e  included  commonly  in  acts 
organizing  the  militia  or  in  le\-ying  soldiers  for  some  partiailar 
military  e.xpedition.  Rates  of  pension  were  not  specifically  fixed 
in  t'  .  laws,  that  matter  and  other  details  l)eing  left  to  the  process 
of  administration.  It  i?  scarcely  possible  to  ascertain  the  amount 
and  adt(;uacy  of  the  relief  afifordcd.  though  sundry  referaices 
in  the  colonial  records  to  pensioners  and  payments  of  pensions 
show  that  the  laws  must  have  l)een  effective  to  a  considerable 
degree. 

By  reason  of  so  long  an  experience  in  caring  for  those 
wounded  in  the  early  wars  against  the  Indians  and  French,  the 
inhabitants  of  the  colonies  became  familiar  with  the  idea  of 
military  pensions,  and  it  was  natuHi'  that  the  continental  gov- 
ernment they  formed  should  maugurate  a  pension  policy.  Even 
I)efore  the  Continental  Congress  had  taken  action.  Virginia  be- 
gan to  make  provisions  for  f>ensions  in  acts  to  raise  troops  to 
oppf)se  Governor  Dunmore  and  to  resist  the  injustice  of  En- 


i\ 


IS    FKDER.M.  Mll.lTAKV  PI  NSIONS  IN  THE  UNITED  ST.\TI-,S 

gland.  .\(>r  during,'  the  Revolution  iliil  the  state^  rclv  entirely 
upon  I'oiij^ress  to  provide  tor  the  relief  of  maimed  and  disahled 
soldiers.  Some  of  them,  notably  \irj;inia  and  I'ennsylvania. 
independently  made  liU'ral  provision  for  the  disabled  and  for  the 
uido\v>  and  oqihans  of  the  -lain.  In  May.  1778,  V'irjjinia 
promised  full  pay  during;  life  to  all  of  her  soldier-  in  the  Con- 
tnientai  army  who  niiudit  Ik.-  disabled  in  the  service.  In  (jctolx'r 
of  the  same  year,  she  enacted  a  law  for  the  encouia>;inient  of 
X'ir'.jiiiia  ot'ficers  and  soUhers  in  the  service  of  tiie  L'nited  States, 
wliidi  promi-ed  half  pa_v  ihirinj.;:  life  ti«  the  widows  of  those 
slain  or  dyinf;  in  the  service.  In  May.  177".  -he  anticipated  In- 
considerably over  a  year  the  action  of  Con;;re>s  proniisinj^  half 
pay  for  life  to  tliose  officers  who  continued  in  service  to  the  end 
of  the  war.'  Pennsylvania,  by  act  of  March  1.  1780.  extemled 
the  half  pay  for  seven  years,  granted  by  Congress  to  commis- 
>ioned  officers  who  -crved  to  the  end  of  the  war.  to  half  pav  for 
life,  thus  also  anticij/ating  the  future  action  of  Congress.  Suit- 
able provision  was  made  in  the  same  law  for  widows  and  or- 
phan- of  those  dying  in  battle,  actual  .service,  or  captivity.^ 

'  Hcnini-'s  Stuluti-s  ,il  l..n,u-.  ix,  1-4,  91,  -JSG,  566;  x,  25. 
-  I.jzvs  rf  l'cniisyh\i>uj.  i.  4S8-489. 


•£..':<»  #n « 


f,uini-:^^:w^.m^i^:jm'miws!^'x:'¥ 


s 


CHAPTER  II 
Revolutionary  Pensions,  1776-1789 

During,'  the  progress  of  the  Revolutionary  War  there  were 
two  principal  a^jRVts  (»t  the  i>ension  (|itestion  that  recjuired  tiie 
attention  of  t'(Hifjre.-.s :  fir^t.  the  (]evi>inf,'  of  a  suitable  invalid- 
I>«i>ion  >\>teni  for  injured  and  disabled  soldier^ ;  >econd.  action 
upon  '"le  peisi>teiit  application  of  the  Kev(jlutionary  army  offi- 
cers for  a  fjrant  of  Jialf  pay  ser\ice-i)ensions  for  life,  to  Ije  paid, 
upon  their  retirement,  to  all  officers  who  should  jerve  to  the 
e  id  of  the  war. 

The  need  ol  an  mvalid-i>ension  system  liecame  apparent  soon 
after  the  oiithreaU  of  hostilitiev  .\p[)licaticjns  for  the  relief  of 
the  wounded  hejjan  U}  come  lief' .re  L'onjijress.  and  tenifwjrary 
assistance  was  given  in  some  uidividual  cases.'  On  June  2, 
1776,  Xathanael  Greene,  later  selected  as  one  of  the  major  gen- 
erals of  the  Revolutionary  army,  wrote  to  Jolin  Adams  urging 
that  provision  l)e  made  for  disabled  officers  and  soldiers,  .\dams, 
who  on  June  13  l)ecame  by  choice  of  Congress  chaimian  of  the 
Hoanl  of  War  and  Ordnance,  replied  to  Greene  on  fune  22  as 
follows:  "Vour  reasoning  to  prove  the  erpiity  and  the  policy 
of  making  provision  for  the  unfortunate  officer  or  soldier,  is 
extremely  just,  and  can  not  1  e  answered ;  and  I  hoiie  that  when 
we  get  a  little  over  the  confusions  arising  from  the  revolutions 
which  are  now  taking  place  in  the  cfjlonies,  and  get  an  American 
Constitution  formed,  something  will  l)e  done.  F  should  l)e  much 
obligeri  tr>  you  for  your  thoughts  ui)on  the  subject.  What  pen- 
sions should  he  allowed,  or  what  other  provision  made.  Whether 
it  would  t>e  expedient  to  establish  a  hospital,  etc.  It  is  a  matter 
of  importance,  and  the  plan  «hou!d  he  well  digested."'  Prob- 
ably, by  his  (juery  as  to  the  expediency  of  establishing  a  hospital. 

'  W,  C.   Ford.  Journals  of  th,-  Coi-lmciital  Congress,  v,  484,  489,  530,  601. 
•  Tin'  Works  of  John  Adams,  ix,  4<J2. 


H 


jy^«i»lJ  f^'"'- ■^?"?*^  ^»  ■ 


mr. 


20    I  r.nKKAL  MILITARY  PFNSIONS  IN  THK  UNITKD  STATKS 

Adam-.  lUfaiit  a  home  for  invalid  soldiers  Midi  as  Chelsea  Hos- 
pital 111  IJiKliiiid  ralhir  tlian  a  lu>>i>ital  in  the  more  nimlcrn  sense. 

Two  days  k-tore  Adiuns  wrote  to  Clreene,  Congress  had  taken 
stti)s  to  have  a  plan  for  invalid-|K;nsions  preiared.  A  commit- 
tee of  five  liad  l)een  appi>inted  "to  consider  what  provision  ought 
to  lie  made  for  such  as  are  wtmnded  or  (hsahled  in  the  land  or 
s<-a  service,  and  report  a  plan  for  tluit  purjxise."  Mr.  Roljert 
Treat  I'aine.  a  colleague  of  AtUuns  from  Massac'  etts,  was 
maile  chainnan  of  this  committee.  The  otiier  inv  liers  were 
Mr.  lYancis  l.i^htfcKit  Lee  of  X'irpinia.  Mr.  Lyman  Hall,  of 
llenrtjia,  Mr.  William  Ellery  of  Khcnle  I.sland,  and  Mr.  Francis 
Lewis  of  New  N'ork.'  It  will  be  noted  that  four  of  the  five 
mcnilH-Ts  of  the  committee  came  from  colonies  whose  i)eiision 
le;;islation  was  illustrated  in  the  last  chapter.  Thus  prei>aration 
was  heinj;  made  for  a  continental  [lension  provision  even  l>efore 
the  Declaration  of  Indcjicndence.  The  plan  submitted  I»y  this 
committee  was  adopted  by  Congress  August  26,  1776,  and  be- 
came the  first  national  ])ensi' i  law  in  the  United  States.'  This 
act  promised  half  pay  for  i.  e  or  during  disability  to  every  offi- 
cer, soldier,  or  sailor  losing  a  limb  in  any  engagement  or  being 
so  disabled  in  the  service  of  the  United  States  as  to  rentier  him 
incapable  of  earning  a  livelihrnwl.  Proporti-n"'  relief  vns 
promised  to  such  as  were  (-nly  partially  <lisal)led  from  getting  a 
livelihoo<l.  It  was  recommaided  to  the  states  to  appoint  proper 
officers  for  the  execution  of  the  law,  and  the  several  legislatures 
were  requested  to  cause  the  payment  on  account  of  the  United 
States  of  such  half  pay  and  other  allowances  as  should  Ije  ad- 
judged due  to  the  soldiers  of  their  respective  stales. 

In  one  interesting  feature,  the  plan  that  was  adopted  directly 
followed  British  precedent.  It  provided  that  jiensioncd  officers 
and  soldiers,  capable  of  doing  guard  or  garrison  duty,  should  be 
formed  into  a  corps  of  invalids  and  subjected  to  such  duty. 
Naval  pensioners  were  also  made  liable  to  such  duties  as  they 
might  !)e  able  to  perform  aboard  the  navy  or  in  any  department 

'  Forti,  Journals  nf  Ihc  Continental  Congress,  v,  469  (June  20,  1776). 
=  Ibid.,  V,  /()2~7(i5. 


•t!t«^«!5»r3I' 


T!i^-£:-jmr 


KKSdl.lTIDN ARV  J'l.NSKiNS 


21 


thereof.  All  invalid  corps  was  actually  cstablishcil  in  177"  with 
Lewis  Nicola,  forniei;>  an  ofticer  in  the  British  army,  as  colonel. 
This  corps  was  intended  to  do  garrison  <luty.  to  sor\e  as  a  mili- 
tary school  for  younp  K^ntlcmcn,  and  to  l»e  cm]>loyfd  in  the  rc- 
crnitiiif;  service.  The  proposetl  strenj.jth  of  the  cori)s  was  ei;;ht 
coinpaiiii-s,  containinj^  alxmt  a  thoiisainl  officers  and  tm-n.  in- 
valids, when  eiijjajjed  in  this  service,  were  entitl"d  to  full  pay, 
and  cfHiipanies  were  raised  from  time  to  time.' 

This  iiiau(,niration  of  a  national  |)ension  system  in  1776  was  a 
loj.'ical  develo|»ment  from  I'iritish  and  co'oninl  j)rcieilent  and  ex- 
perience. Douhtless  memlx'rs  of  the  conmuttec  that  framed  the 
law  were  familiar  with  legislation  in  their  colonies  on  the  sul>- 
ject.  Just  as  was  the  case  with  the  colonial  pension  enactments, 
the  national  measure  aimed  to  encourage  enlistments  in  the 
army.  Hut  the  scant  resources  and  power  of  the  Continental 
Congress  made  it  necessary  to  entnist  the  execution  of  the  plan 
to  the  states.  Consequently,  the  continental  pension  provision 
was  just  as  effective  as  the  individual  states  chose  to  make  it, 
and  in  many  instances  they  performed  the  administrative  duties 
assigned  to  them  very  imperfectly. 

On  September  25,  1778,  Congress  again  dealt  with  the  matter 
of  invalid-pensions.'  The  relief  provided  by  the  law  of  1776 
was  extended  to  thos"  who  had  been  disabled  before  that  date 
and  since  the  comntcnccment  of  ho.-,iiiiiies  on  April  19.  1773  (the 
battle  of  Lexington  and  Concord).  All  who  hnd  fought  for  the 
common  defense,  even  on  emergency  call,  were  embraced  within 
the  scope  of  the  invalid-pension  system  by  the  resolutions  of 
1778.  and  methods  of  proving  claims  were  j)ermitted  other  than 
those  contained  in  the  resolves  of  1776. 

During  the  prepress  of  the  war  further  provision  for  invalids 
was  made  by  the  act  of  .*\pri!  23.  1782.'  Ry  the  terms  of  this 
measure,  all  sick  or  wounded  soldiers,  unfit  for  dutv  either  in 


■  f 


1 


'Ford,  Jvurnals  of  the  Continental  Congress,  vii,  288;  viil,  485,  554.  585. 
69(1. 

^Ibid..  .xii,  953. 

s/fcid.,  .x.xii,  -'!0. 


t 

7 


^"rrs'x:s*\-^.% 


..  'j^  :     * 


%  ,-£^mm^ 


22    FEDERAL  MILITARY  PENSIONS  I  :  THE  UNITED  STATICS 

the  field  or  in  garrison  and  applying  lor  a  discliarge  in  prefer- 
ence to  l)cing  placed  or  continued  in  the  corps  of  invalids,  were 
entitled  to  be  dischargetl  and  to  receive  as  a  jjension  five  dollars 
l^er  montli  in  lieu  of  all  pay  and  emoluments.  It  was  rtxoni- 
mcnded  to  the  several  states  to  pay  such  jjensious  annually  and 
to  draw  upon  the  superintendent  of  finance  for  the  monej  ad- 
vanced. 

When  peace  had  t)een  established  and  the  army  dislianded,  the 
matter  of  invalid-ijensions  again  demanded  the  attention  of  Con- 
gress. The  resolutions  of  June  7.  1785,  recommended  to  the 
K-veral  states  a  uniform  method  of  providing  for  the  pcnsiv-ners,' 
Commissioned  ofificers.  when  disabled  so  as  to  be  wholly  incapa- 
ble of  earning  a  Iivelihoo<l,  were  to  be  allowed  a  half  i>ay  jien- 
sion.  For  noncommissioned  officers  or  privates,  the  full  pension 
rate  was  fi.xed  at  five  dollars  a  month  with  a  proportionate 
allowance  for  a  partial  disability.  Xo  ofiticer  who  had  accepteil 
his  conunutation  for  half  pay  (see  iwges  41.  4'')  was  to  be 
entered  on  the  list  of  invalids,  unless  the  commutation  was  first 
returned.  The  plan  of  administration  required  each  state  to 
appoint  otTficers  to  e.xamine  the  evidence  of  claimants,  admit 
claims,  and  make  the  pension  payments,  .\mounts  so  e.xi)€nded 
were  to  lie  deducted  from  the  quotas  of  money  paid  by  the  re- 
spective states  for  the  supiK)rt  of  the  Confe<ieration.  it  was 
also  made  the  duty  of  the  state  authorities  to  transmit  annually 
complete  lists  of  the  invalid-pensioners  of  the  United  S»ates  in 
each  state  to  the  office  of  the  Secretary  of  War.  with  informa- 
tion as  to  the  pay.  age,  service,  and  disability  of  each  invalid. 

The  final  resolutions  of  the  Congress  of  the  Confederation  on 
the  subject  of  inv.ili(l-])ensions  were  passed  on  June  11.  1788.- 
Thcy  contained  a  provision:  "That  no  person  shall  Ik?  entitled 
to  a  jiension  as  an  invalid  who  has  not,  Isic]  or  shall  not  l)eforc 
the  expiration  of  six  months  from  this  time,  make  application 
therefor,  and  [.roducc  the  reqtnsite  certificates  and  evidence  to 
entitle  him  theret.i."     Had  this  limitation  l)€en  kept  in  force  and 

-' /;■!</.,  iv.  8JL 


««^ 


^- 


-•■■■f' 


m 


■■^^vf^i^ 


ji^i^^i 


mj^im^^^smmm. 


m^ 


n\ 


'1 


KEV  )LUTION'ARY  PENSIONS 


23 


3 


■5 


^ 

« 

a 


service-pensions  iiDt  been  introduced,  the  burden  of  the  Revoiu- 
tionarv  pension  list  would  have  l)een  light.  When  in  1792  the 
hmitation  was  su  i—ndtd  by  tiie  federal  Congress,  there  were 
about  1.5(H)  ■  ,'  uii;  ;.i  n.-;u.j;'.'rs  on  the  rolls.'  (Jn  the  average, 
the  annual  c  4  ..f  the  ^'-t  ■■  . ;  considerably  less  than  one  hun- 
dred thousai  .  .  .llar-.  L)-,  ng  the  war  and  under  the  Con- 
tedcration,  th  -  m -tcs  vere  entrusted  with  the  administration  of 
the  laws  for  the  relief  of  invalids,-'  Some  of  them  failed  to  act. 
Consequently  Congress,  after  the  inauguration  of  the  federal 
government,  undertook  in  17'X)  the  payment  to  invalid-iieiisioners 
it"  the  amounts  left  in  arrears  by  the  states,' 

The  .second  ])hase  of  iXMisitm  legislation  during  the  Revolu- 
tion— the  officers'  half  pay  movement — commanded  the  attention 
of  Congress  and  the  peojjle  far  more  than  the  establishment  of 
an  invalid-pension  .system.^  l']K>n  retirement  from  active  ser- 
vice. British  officers  were  entitled  to  Ik-  placed  ujion  half  pay. 
This  fact  seems  to  have  suggested  the  plea  of  the  .American 
officers  for  a  grant  of  half  i)ay  for  life  to  all  officers  who  should 
continue  in  the  Revolutionary  army  until  the  end  of  the  war. 
Serving  under  discouraging  conditions  and  with  pay  and  other 
allowances  in  arrears,  the  officers  asked  Congress  to  promise 
them  a  retirement  jjension  for  life  as  a  recognition  of  steadfast 
devotion  to  the  cause  until  indejiendence  should  Ix^  finally  won. 
Put  the  proposition  was  unpopular  and  aroused  great  contro- 
versy and  opposition,  .\lthough  Congress  at  last  gave  the  de- 
sired promi.se,  there  was  at  the  close  of  the  war  widespread  and 
bitter  resistance  to  measures  of  fulfilment.  The  matter  of  the 
officers'  half  pay  was  long  drawn  out  before  final  settlement,  but 


}%•  1 


■7i. 


it 


'Reports  of  Sfcrct.irv  Kn<-..\,  .liii,-ii,;in  SUitc  /'iirr/.t,  CUr.nis.  b,  X 
X.  57. 

-' lU'scriptix  I'   list.*  nf  invalids.   Willi   thv  a,nount>  paid,   ucri'  tr;iiistnitU'' 
tlie  War  Office  In   N'cw  Hainp^Iiirc.  Ma>sachusctts,  Connecticut.  New  Y 
New    Jersey.    l'enns> Iv.iiii.i    and    \'irninia.      See    report    of    a    eonimiti' e 
the  departinent  of  war.  tictoticr  2,   178S.    Journals  of  Congiess   (1W.1 
tion ),  iv,  H7,V 

■'  r.  .v.    S'/i;.'»/,-.c  ,;/  tMrii,-.  \  i,  -t. 

'  .\  \aliialile  mon(\i;rapli  containing'  information  renanlni}.!  \\:v  officer-' 
pa;,  movement  is  L.  C  Hatch,  77i,-  Administratis  it  of  llir  .tinri  i.an  Nc: 
lionciry  Army,  79SS. 


IS. 
1    to 

ork. 


h:\i 


Ar  1 


^^^mM^sm 


24    FKDr.KAL  MILITARY  PKKSIONS  IN  THE  UNITED  STATES 

its  history  is  of  value  because  of  the  important  j)ersons  and 
critical  situations  involved. 

The  story  begins  with  the  closing  months  of  1777,  when  the 
condition  of  Washington's  army  was  most  distressing  and  dis- 
content among  the  officers  was  great.  In  Noveml)er,  1777,  a 
pai)er  making  proposals  for  the  l)enertt  of  the  officers  was  pre- 
sented to  Washington  by  Colonel  Theodoric  Bland,  an  officer  who 
had  l>een  educated  in  lingland  and  Scotland.  There  exists  in 
Washington's  handwriting  a  manuscript  containing  some  "re- 
marks" on  island's  paper.  Among  other  things  he  wrote:  "The 
allowance  of  land  to  the  disl)anded  officers  may  lie  proj>er  enough 
— but  will  not  half  pay  l)e  attended  with  enormous  expence? 
and  would  not  this,  and  allowing  half  pay  to  the  officers  of  re- 
duced regiments  at  the  end  of  the  war,  add  such  weight  to  a 
debt  already.  \sic]  and  probably  will  Ije,  of  such  magnitude,  as 
to  sink  the  colonics  under  the  load  of  it:  and  give  a  great  dis- 
gust to  the  people  at  large?"'  The  date  of  these  "remarks"  is 
uncertain,  but  they  indicate  that  the  proposed  half  pay  for  life, 
when  first  l)n)ached,  impressed  Washington  unfavorably.  How- 
ever, as  will  ap])ear,  he  soon  became  a  strong  supjxjrter  of  the 
measure. 

On  November  28,  1777.  Congress  appointed  a  committee  to 
visit  the  army  and  to  consult  with  General  Washington  as  to 
means  for  earning  on  a  winter's  campaign  with  vigor  and  suc- 
cess.' They  found  the  anny  Ixadly  clothed,  ill-fumished  with 
sui)plies,  and  the  officers  averse  to  attacking  the  enemy.  On  De- 
cenilxT  16  they  reported  in  favor  of  the  army  taking  an  advan- 
tageous post  until  sufficient  reinforcements  could  lie  obtained  to 
make  an  attack.''  This  jKilicy  was  not  satisfactory  to  those  who 
wanted  a  vigorous  campaign,  and  there  was  a  remonstrance  from 
the  executive  council  and  assembly  of  Penn.sylvania.  The  army 
took  post  at  \'alley  Forge,  from  which  place  Washington  wrote 
on  December  2.3,  1777,  to  the  President  of  Congress,  giving  a 


'  \V.  C.  I'ord.  ll'rilinqs  of  H\ishiuyto»,  vi,  MiA-S,  note. 
^  Konl.  J.nirnals  ,>f  the  C^intincnial  Cjit^jn-ss.  ix,  972. 
3  Hid.,  IX,   10.";. 


Ci-:\  nl.LTION'ARV  IMCXSIoNS 


25 


detai    d  account  of  the  distres 


condition  of  liis  amiv  and 


'i 


•■-a 


replyins,-  in  strong  tenns  to  tlie  remonstrance  of  tlie  r-insyl- 
vania  legislature.'  in  this  letter  he  showed  that  he  had  come  to 
feci  that  the  half  pay  ought  to  be  promised.  He  s^x^ke  of  "the 
necessity  of  some  U-tter  provision  for  binding  the  officers  by  the 
tie  of  interest  to  the  service,  as  no  day  n(.>r  scarce  an  hour  passes 
without  the  offer  of  a  resigned  commission;  (otherwise  1  much 
doubt  the  practicaldlity  of  holding  the  army  much  N^nger  to- 
gether, and  in  this  I  shall  ])rol)ably  \xi  thought  the  more  sincere, 
when  I  freely  declare,  that  I  do  not  myself  exi)ect  to  derive  the 
smallest  I)enefit  from  any  establishment  that  Con<jress  may  adopt, 
otherwise  than  as  a  meml)er  of  the  community  at  large  in  the 
good,  which  I  am  persuaded  will  result  from  the  mca.sure.  by 
making  i^etter  officers  and  l)etter  troops)." 

On  Decemljer  24  a  new  committee,  consisting  of  Elbridge 
Gerry,  Jonatliaii  Bayard  Smith,  and  John  \\'ithersi)oon.  was 
app<jinted  to  take  anny  affairs  into  consideration.^  This  com- 
mittee made  a  report  on  Jar.uary  5.  1778,  anc.  placed  before 
Congress  the  proposition  to  allow  half  i)ay  for  life,  at  the  con- 
clusion of  the  war.  to  all  officers  who  should  continue  in  s  'ce 
until  the  end.'  The  plan  included  a  proviso  that  such  ohicers 
might  l)e  called  into  scr\ice  again  when  necessan,-.  It  was  also 
pro|K)sed  that,  under  regidations  to  be  made  bv  Congress,  the 
cotumissions  of  officers  might  l>e  transferable  in  time  >i  i)eace. 
These  details  were  evidently  influenced  by  the  practice  in  En- 
gland.   In  case  officers  should  lo.se  their  lives  in  sen-ice  the  report 

proposed  that  widows  might  receive  the  one part  of  an 

officer's  i)ay.  The  plan  also  called  for  a  Pension  Office,  with  a 
commissioner  and  two  clerks,  to  be  opened  and  kept  in  the  place 
where  Congress  should  liold  its  sessions. 

This  scrvice-(>ension  plan  for  the  Revolutionar}-  officers,  and 
modifications  growing  out  of  it,  occupied  much  of  the  attention 
of  Congress  for  years.     Its  unpopularity  is  shown  by  the  [wrsis- 

•  Fori!,  ll'ritiiifjs  .'f  Washitii!!:')! .  vi.  J57-J';5. 

2  F"or(!,  Ji'urthils  of  the  C<'nt\ncnt,il  Coiuf,-ss,  i.\.  1052-3. 

3  Ibid..  X.  lH-_\). 


'X 


ff^.-.-TT^ 


^ 


_Y.    FEDERAL  MILITAKV  PENSIONS  IN  THE  UNITED  STATI 

tent  opiKJsitinn  which  caused  it  to  l)e  jjostpdned  from  tiuic  to 
lime.  I'llliridge  Gerry,  the  chainiian  oi  the  committee  tliat  re- 
ported the  plan,  professed  himself  to  be  personally  well  disposed 
toward  it.  l!iit,  on  Janiiaiy  13,  1778.  he  wrote  to  Washinj^nn 
that  the  principal  objections  to  the  nieasiire  were:  "the  infant 
state  of  the  country,  its  aversion  to  lilaceimii  and  pensioners, 
whereby  (ireat  ISritain  is  likely  to  lo~e  her  liberty,  the  eijuality 
of  the  oliicers  and  soldiers  oi  some  states,  before  the  war,  and 
the  liad  effect  that  such  provision  would  have  on  the  minds  of 
the  latter."' 

F.arly  in  January  ConL,Tess  discussed  the  report  of  Gerry's 
committee,  which  had  been  referred  to  the  committee  of  the 
whole,  -\nother  committee  was  sent  to  camp  with,  comprehen- 
sive instruciions  t(j  form  plans  for  imjiroving  the  condition  and 
efficiency  of  the  army."  Washintnon  had  by  this  time  become 
a  stronj,'  advocr'e  of  the  "half  pay  and  pensionary  establish- 
ment" and.  on  January  28.  he  wrote  for  the  benefit  of  this  new 
committee  a  memorial  in  which  he  reviewed  the  existing  gloomy 
state  of  the  army  and  suggested  changes  he  thought  essential.' 
In  this  letter  he  said  that,  on  the  part  of  the  officers,  there  were 
frecjuent  resignations,  and  more  frecpient  importunities  for  per- 
mission to  resign,  and.  in  the  ranks,  "apathy,  inattention  and 
neglect  of  duty."  To  reanimate  the  languishing  zeal  of  the 
officers,  he  urged  ui>on  Congress  a  provision  ft^r  half  pay  antl 
pensions.  "This."  he  said,  "would  not  only  dispel  the  appre- 
hension of  personal  distress,  (at)  the  termination  of  the  war, 
from  having  thrown  themselves  (  out )  of  professii>ns  and  eniploy- 
nitnts  thc\  might  not  have  it  in  (their)  power  to  resume:  but 
WMuld  in  a  great  degree  relieve  the  painful  anticipation  of  leav- 
ing their  widows  and  orphans,  a  burthen  oti  the  charity  of  their 
country,  shoidd  it  be  their  lot  to  fall  in  its  defence."  .Again  on 
March  31  Washington  wrote  the  Preside. it  of  Congress:  ".\s  it 
is  not  improper  for  Congro-  to  have  some  idea  of  the  present 

1  Sp.irl<<.  Ccricsf^'iidi-iu-c  .>/  Ilir  /v'lTv/Hrcri.  :i.  (./. 

2  Ford,  Jotirihils  of  the  Ci'ii'iiirii/,//  Ciniincss.  x.  24.  37.  39-41,  67. 
^  Ford,  ll'nlinys  of  ll'asliiiuilon.  vi,  30]    '.{)4. 


my- 


iMm, 


lip^ 


r,.r|    . 


Ki:\C)LLTK).\.\I<V  I'l  XSKiNS 


27 


1 
I 


temper  of  the  army,  it  may  nut  be  amiss  to  remark  in  this  place, 
that,  since  the  month  of  August  last,  between  two  ami  three 
hundred  officers  have  resigned  their  coniniissicjus.  and  many 
others  were  with  difficulty  dissuaded  from  it.  in  the  N'irginia 
hue  only,  not  less  than  six  coione!.-.  as  g(Hxi  as  any  in  the  ser- 
vice, have  left  it  lately;  and,  more.  I  am  told,  are  in  the  I  imor 
to  do  so."' 

On  Marcli  26  two  of  the  committee  returned  from  the  camp 
and  olifered  new  resolutions  promising  half  jiay  fo.  life  to  officers 
wiio  should  serve  to  the  end  of  the  war  and  not  hold  an  office  of 
profit  under  the  United  States  or  any  of  them.-  Officers'  com- 
missions were  to  Ije  transferable,  and  a  purchaser  was  to  l)e 
entitled  to  receive  the  half  pay  during  the  life  of  the  original 
holder  of  the  commission.  It  was  also  provided  that  the  widow 
of  an  officer  killed  in  service  should  receive  the  half  pay  wliich 
her  iiusband  might  have  received,  'llie  tiKxlificd  fiian  met  no 
frienulier  ic.ei.tion  than  the  similar  proposition  in  lamiarv.  It 
was  debated  at  length  in  committee  oi  tlie  wliole  from  day  to 
day,  and  .  ti  April  2  tlie  matter  was  iK)stponed.' 

Washington  again  wrote  to  the  President  of  Congress  on 
April  10.  arguing  warmly  and  at  length  for  the  half  pay  estab- 
lishment. "1  do  most  religiously  Ijeiieve,"  said  he.  that  "the 
salvation  of  the  cause  depends  upon  it.  and,  without  it,  your 
officers  will  moulder  to  nothing,  or  tie  comixised  of  low  and 
illiterate  men,  void  of  capacity  for  this  or  any  other  business." 
He  asserted  that  he  had  no  fcrsonai  interest  in  tiie  decision  as 
he  would  not  receive  the  smallest  benefit  from  tlie  half  pay  es- 
tablishment. L'.ut,  as  a  citizen  desirin<r  the  success  of  the  army, 
he  was  deeply  interested.^ 

On  .April  16  Congress  resumed  consideration  o\  the  subject 
of  an  allowance  to  <ifficers  after  the  war.  I'arts  of  Washing- 
ton'-; ktters  dealing  with  the  matter  were  called  for  and  read.'' 

'Ford,   H'riliiii/s  of  ll'aslnr.fiinn,  vi.  445. 

-  I'ord,  Jounitiis  of  the  Conliiinitnl  C')','r,-,f.s    x    JR>-C 

'Hid..  X.  ^()2. 

*  I-ord.   irntii!,,:^  of  ll\i<:r}'oloi,.  vi.  -;').■,. 

''Ford,  JounuiU  </  l!:c  Coiuinont.il  ('-'.;..■>•,-,■.?,  x.  .m     ;;;-,-i„o 


4 


28    FF.DKKAI.  MILITAKV  PF.NSIO\S  IN  THK  UMTKI)  STATi-.S 

Tlie  t^ppoiieiits  of  the  pUui  under  consideratitjii  proi)o.sed  to  post- 
pone action  and  to  a>k  the  states  to  g^ive  their  ojjinion  whether  a 
punision  oufjht  not  to  lie  niatle  for  tlie  officers  of  the  continental 
army  after  the  ccjnclusion  of  the  war,  whether  tliat  provision 
should  l)e  for  life  or  for  a  tenn  of  years,  whether  any  piovision 
should  1)0  made  for  widows  of  the  fallen,  and  whether  some 
furtiicr  comjiensation  or  reward  ought  not  to  lie  granted  to  the 
privates  who  continue  in  the  continental  army  to  the  close  of  the 
war.  This  projiosal  was  defeated.  Laurens,  the  I'resident  of 
Congress,  wrote  on  April  V)  to  (iovernor  Livingston  of  New 
Jersey  that  whole  days  and  tedious  nights  had  l)een  spent  in 
hammering  upon  the  plan,  hut  that  "all  our  lalx)r  has  not  yet 
matured  one  single  clause,  nor  even  determined  the  leading 
questions,  to  lie  or  not  to  he."' 

As  the  discussiori  proceeded,  there  was  a  majority  in  favor 
of  making  some  provision  for  the  officers  after  the  war  hut  great 
difficulty  in  agreeing  uix)n  details. ■  On  April  21  Washington 
wrote  from  Valley  Forge  to  John  Banister,  delegate  in  Congress 
from  N'irginia,  "I  am  pleased  to  find,  that  you  exjiect  the 
proposed  estahlishment  of  the  army  will  succeed ;  lnough  it  is 
a  painful  consideration,  that  matters  of  such  pressing  importance 
and  (jbvious  necessity  meet  with  so  much  difficulty  and  delay. 
Be  assured,  the  success  of  the  measure  is  a  matter  of  the  most 
serious  tnoment,  anfl  that  it  ought  to  \k  brought  to  a  conclusion 
as  s])eedily  as  possible."  In  a  long  and  bloody  war.  Washing- 
ton thought  that  patriotism  might  accomplish  much  but  that  it 
wouU'  lot  endure  unassisted  by  interest.  He  also  compared  the 
disadvantages  of  the  American  service  with  the  advantages  of 
that  of  the  enemy.' 

There  were  many  prominent  men,  however,  taking  the  other 
side  of  the  controversy.  On  April  27  Governor  Livingston  of 
Xew  Jersey  wrote :  "But  in  my  private  judgment,  I  should  be 
totally  against  the  plan  of  allowing  the  officers  half  pay  after 

'  SedKwick.  Lii  inii.Uott,  _'7J. 

-  Ford,  Joiirmils  of  the  Co'ilittcntal  Coiuircss,  x.  362.  372-4, 

3  Ford,  ll'ritiiKjs  of  ll'tislii)i;il:'ii,  vi,  4"7-y. 


mW 


m 


Sf- 


KKXdI.riloXARV  rKXSIoNS 


29 


10.    I 


the  war.  It  is  a  very  j)ernici()us  prcccMlent  in  repuhlicaji  states; 
will  Iliad  us  with  an  immense  debt,  and  render  tlie  i)ensioiiers 
themselves  in  a  great  measure  useless  to  their  country.  If  they 
nnist  ha\e  a  coniiK;nsation.  1  think  they  had  letter  have  a  sum 
certain  to  enable  them  to  enter  into  business,  and  l)ecome  sjrvice- 
al)le  to  the  comnnniity."'  I-anrens,  t!ie  President  of  Coi.gress, 
thiiugiit  the  half  pay  pro])osition  unjust  bec.iuse  not  according  to 
tile  co!n])act.  He  pointed  ur.t  that  officers  had  solicited  commis- 
sions eagerly,  knowing  the  teniis  of  service.  He  even  went  so 
far  as  to  say  in  a  letter  to  Washington  on  May  5  :  "If  we  can  not 
make  justice  une  of  the  ]>illars,  necessity  may  be  submitted  to  at 
present :  but  republicans  will,  at  a  proixr  time,  w  ithdraw  a  grant 
which  will  apiH-ar  to  have  l>een  extorted.""  This  jirediction  that 
the  grant  would  be  withdrawn,  if  made,  is  significant  in  view 
of  the  actual  course  of  events  at  the  conclusion  of  the  war. 

The  (li.scussion  in  Congress  had  resulted  in  a  vote  on  April  26 
by  six  states  to  five,  with  one  divided,  that  the  provision  to  be 
made  for  the  nfficers  should  l>e  half  jjay  for  life.''  P.ut  the  ver>' 
next  day  a  proviso  w;us  added  that  the  United  States  might  at 
any  time  redeem  the  half  pay  of  such  ofiRcers  as  they  thought 
proiHT  by  i>aying  them  a  sum  equal  to  six  years'  half  pay.*  Then 
the  further  consideration  of  the  whole  matter  was  p<isti>oned, 
and  it  was  not  taken  up  again  until  May  8,  when  an  amend- 
ment to  exclude  foreign  officers  in  the  United  States  service 
from  the  half  pay  was  flefeated.'  Discussion  continued  from 
time  to  time  until  May  15.  Then  :\  compromise  proposition  was 
offered  by  general  consent  as  an  .''..endnient  to  take  the  place  of 
the  whole  report  under  consideration."  This  compromise  was 
carried  by  unanimous  vote,  eleven  states  voting.  However,  Mr. 
Lovell  voted  "no"  in  the  Massachusetts  delegation  and  Mr.  Wol- 
cott  "no"  in  that  of  Connecticut.     The  compromise  provided  that 


I 


I 


'  Sfdirwic-k.  I.i:iiiiist('ii,  J81. 

2  Sparks,  Correspondence  of  the  Rex-olulicn.  ii.  119-121. 

^  Ford,  JiiutnaU  of  the  Conlinotldl  Coni/ress,  x.  o94-". 

« Ibid..  .X,  .W8. 

'■Ihid..  xi.  482-3. 

'Ibid:,  xi.  .s02-3. 


:i 


¥r:^^M^^^^^'^ 


30     t"HnKR.\l.  MlI.ITAin   I'l.NSli  )X>  I.V  7H1-.  INiri'.I)  SI  All  S 

oftictTs  who  served  umil  the  end  of  the  war  slmiiKl  rueive  ban 
pay  iDr  >even  year>  alter  it>  eimchisioii.  Tliis  al'^waiKe  ua.> 
not  to  exceed  the  halt  pay  of  a  coloiiel  and  wa->  not  to  extend  to 
those  hoKHnj,'  offices  of  profit  under  the  liiited  State-  or  anv  oi 
them.  \<>r  was  it  to  he  j,Mven  to  (itficei-  who  liad  not  taken  an 
oatli  of  allei,nance  to,  and  actually  resided  within,  the  Inite-l 
States.  .Xoncoiiitnissioned  ot'ticers  and  privates  who  should  serve 
to  the  end  of  the  war  were  proini>ed  a  further  reward  of  ei;,duv 
dollars  at  its  terniinati<.n.  'rhu>  the  ioii;,^  slruL;-ie  over  the  mat- 
ter seemed  to  have  reached  a  conclusion,  hut  ilu-  ot'ticer-  were 
not  entirely  satistied.  and  the  >ettlemeiit  did  not  i>rove  to  lie  linal. 

The  compromise  measure  was  well  received  hv  WaNhinunon. 
He  wrote  to  (iouverneur  Morris  from  \alley  l-'or^a-  (jii  May  IS: 
"Your  favor  of  the  15th  instant  j^-ave  me  sin;,'ular  jileasure.  1 
thank  you  for  the  aK:reealile  intelli<,'ence  it  contains,  which, 
lhoiii,di  not  e(|ual  to  my  wisiie-.  exceeded  my  e\]iectations ;  ami  is 
to  i)e  lamented  only  for  the  delay."'  .\n.l  oii  the  same  dav. 
Washinj^ton  wrcjte  to  the  I'resiilent  of  ( "onLjress :  "I  shall  an- 
nounce tlie  resolution  of  the  15th  to  the  army,  anil  w<iuld  flatter 
myself  it  will  quiet  in  a  cjreat  measure  the  uneasinesses,  which 
have  lieen  so  extremely  distressing:,  and  prevent  resi-jnatioiis, 
which  had  prweedcd.  anrl  were  likely  to  l>e  at  such  a  hei,iiht,  as 
to  destroy  our  wiioie  military  system.  It  has  ex[)erienced  no 
inconsiderable  shock,  ()articularly  in  the  line  of  some  states,  from 
the  loss  of  several  very  valuable  officers. "- 

It  is  not  too  much  to  .say  that  the  measure  of  May  15,  1778, 
was  wruns:  from  an  unwillincr  Congrress  by  the  fear  that  the 
army  would  go  to  pieces.  It  did  not,  however,  relieve  present 
distress  nor  put  an  end  to  riiscontent.  On  January  20.  1779, 
\\'ashin,£^on  wrote  to  a  committee  of  Concfress  revivinjj  the  mat- 
ter of  the  half  pay  for  life  "not  without  jc^reat  reluctance."  He 
arj^ued :  "The  difiference  indeed  in  point  of  expense,  lx?tween  the 
present  form  of  the  half  pay  establishment,  and  one  for  life, 
woulrl    be    inconsiderable.     Seven    years    will    prohal)ly    be    the 

•  Ford,   ll'rilings  of  ll'a.dtinatnn    vii,   16. 
» Ibid.,  vii,  20. 


v?'^v.-r 


t,*3 


Pi 


Ki:\iM.L-|  lOWKV   I'l.NSIONS 


31 


period  oi  the  li\es  uf  the  j,'reatest  i>ar'  uf  the  incumheiits,  and 
few  (if  the  survivors  will  much  exceed  it.  Hut  the  difference  in 
the  provision  in  the  estimation  of  the  otificer's  own  mind  is  very 
cjreat.  In  one  case  he  has  a  provision  for  life,  whether  it  tx: 
Ions:  or  short;  in  the  other,  for  a  limited  [H:ni)d,  which  he  can 
look  beyond,  and  naturally  flatters  himself  he  shall  outlive." 
The  commander-in-chief  also  pointed  out  the  encouraj^'cment  to 
a  married  man  in  providins,'  pensi<ins  for  ot'ticers'  widows  and 
the  discf)uragin<^  ctTect  of  the  reverse  policy.  "The  chief  objec- 
tion." continued  he,  "which  I  have  heard  to  this  plan,  is.  that 
the  principle  of  [jcnsionins  '^  incompatible  with  the  maxims  of 
our  government.  The  truth  of  this  objection  I  shall  not  con- 
trovert, but  I  think  it  applies  equally  to  an  establishment  for 
seven  years,  as  to  one  for  life.  It  is  alike  a  pension  in  Ixjth 
cases,  in  one  for  a  fixed  and  determinate,  in  the  other  for  a  con- 
tingent period.  .Ml  that  can  Iw  sai<l  is.  that  we  submit  to  one 
inconvenience  to  avoid  a  greater;  and,  if  it  o[>erates  as  a  bad 
precedent,  we  must  endeavor  to  cornet  it  when  we  have  it  in 
our  power."' 

Washington's  arguments  produced  no  immediate  results,  and 
the  "discontents  and  distresses"  of  the  army  officers  continued. 
On  May  8.  writing  to  Gouvemeur  Morris.  Washington  said: 
"Our  army,  as  it  now  stands,  is  but  little  more  than  the  skeleton 
of  an  army:  and  I  hear  of  no  steps  that  are  taking  to  give  it 
strength  and  substance.  I  hope  there  may  not  I>e  great  mistakes 
on  this  he;id.  and  that  our  abilities  in  general  are  not  overrated. 
The  applica.ions  for  succor  are  numerous,  but  no  pains  are  taken 
to  put  it  in  my  power  to  afford  them."-  To  John  Armstrong,  on 
May  18.  he  wrote:  "The  cries  of  the  distressed,  of  the  father- 
less and  widows,  come  to  me  from  all  quarters.  .  .  .  Offi- 
cers, unable  any  longer  to  support  themselves  in  the  army,  are 
resigning  continually,  or  doing  what  is  worse,  spreading  discon- 
tent, and  possibly  the  seeds  of  sedition."  After  alluding  to  the 
confidential  character  of  his  letter,  he  said :     "I  have  never  vet 


;•    I 


a       I 


ri 


■  11 


n. 


»  Ford,  Writings  of  ll'ashinqton.  vii,  328-335. 
=  Ihid..  449-4S2. 


1         .. 


t       t| 
I 


t^.--t'lJfm^l^*^ 


32     11  DKKAI.  MU.ITAKV  IM-NSldNS  IN  TIIK  UNITKI)  STAIKS 

M-t-n  tlif  time  in  which  tmr  affairs  (in  my  opinion)  were  at  so 
low  an  d.l.  as  they  are  at  present."'  ( )n  May  -'4  Morris  moved 
in  Congress  to  extend  the  half  pay  for  seven  years  to  half  pay 
for  life,  hut  the  motion  was  declared  out  of  order  by  a  unani- 
mous vote  of  :he  states." 

However,  during  the  simimer  oi  l""f>  Congress  had  a  further 
provision  for  the  officers  ..f  the  army  under  consideration,  and  a 
tomnuttee  prepared  a  reiK)rt  on  the  matter.-"  This  reiHirt  favored 
a  K'rant  of  half  pay  for  life  :uid  provided  for  allowing  the  half 
pay  of  officers  who  should  die  in  service  to  their  widows  during 
widowhood.  On  .\ugust  17  fongress  t(H)k  a  vote  favorable  to 
the  half  pav  ior  life,  but  immediately  afterward  it  receded  irom 
this  position.  .\  recommendation  was  then  made  to  the  states 
to  provide  further  for  the  officers  and  soldiers  enlisted  for  the 
war  and  for  the  widows  of  officers  and  soldiers  so  enlisted  who 
should  die  in  service.'  The  officers  continued  to  urge  their 
claims  ui)on  Congress,  and  on  Noveml)er  18  a  memorial  from 
the  generr.'  officers  of  the  army  asking  for  further  allowances 
was  preseiii.ii,  .\gain  on  December  1  there  was  a  rqiort  pre- 
sented favoring  the  grant  of  the  half  pay  for  life,  and  again  was 
action  deferred.'^ 

Repeated  discouragements  did  not  put  an  end  to  the  appli- 
cations by  the  officers.  In  July.  1780.  the  general  officers  pre- 
pared a  memorial  which  was  read  in  Congress  .\ugust  3  and 
referred  to  a  C(»mmittee  of  six  headed  by  Roger  Sherman."  This 
committee's  report  on  .Augtist  12  contained  a  projiosition  to  ex- 
tend half  pav  to  the  widow*  of  deceased  officers.  The  proposi- 
tion was  recommitted.'  In  a  letter  written  to  Joseph  Jones,  a 
meml>er  of  the  committee,  on  .\ugust  1.^.  Wa.shington  s]>oke  of 
the  distressing  conditions  among  the  officers.     He  said  that  no 

'  F-ord.  U'ritiiifis  cf  li'iishii/llixi.  vii,  45-M58. 

-  l'or<l.  Journals  rf  the  Conlmcntal  Contircs'.  xiv.  W8-^)40, 

^Ibid..  .\iv.  8.'(i.  ^^.  f'4<)  (report  rrintoi).  952.  971.  073.  977. 

*  Ibid.,  xiv.  973. 

'•  Ihid..  XV.  1286.  1335-1336. 

« Ihid..  xvii.  f*9. 

'  Ibid.,  xvii,  726. 


yi^^'-v'^-.WM  ^s^''mr^vm.^^sssm: 


KIAiM.ll  loSARY   PI  NSIONS 


33 


~i 


orticer  coiilil  live  uixm  lu^  luiy.  tliat  mimluT^  wt-re  unlit  l^i  liiity 
fill  \\;iiit  i>t  iliiiliiii^,  ;iii(!  tlial  lniiiilri(U  liail  rc>iKni>l  l>fiaii>" 
tlu\  iciiilil  iii>  l(iii},'i-r  su|)|Mirt  lhiin~iKc»  .i«  dltitcrs.'  (  )ii  \ti- 
mi>l  -■'  \\  asliiiij^tnii  wii.ii-  til  llu'  I'ri'^iiifiit  t  (  i>n};ri's>  s|nak- 
inj;  111  the  i.i'iiii)laml^  wliuli  ari.-c  ir<iiii  ilu-  jiu(niality  >  I  liii- 
l)r"\i>ii'n>  iikkIo  i'ly  tlii'  ..t'tilcr^  liy  tin-  ~c\iral  -t  lU^.  rcnii-yl- 
vaiiia  liail  mailc  a  dtci'iit  |>r()vi>iiin  fur  licr  olfRfi^  i)y  ;;iviiij;  tluiii 
half  i)a\  fur  lifi-.  wliilc  tin-  lino  of  xime  otlur  ^laic^  wcri-  ^n 
(If-titute  av  t(i  U-  iititit  i^r  duty  for  lack  df  clutlim}^.  W  a^liiii^;- 
tdii  as^^ain  iiri,'i'il  ii|hiii  (.'iin;^'rf~s  the  lialf  |ia\  provisiini  as  "tlie 
iiin-.i  |iiilitii-  aii<l  ctTcctiial  that  can  lie-  a(loi>tf<l."" 

(  (>n^rc^>  cituiil  nut  \cl  Iv  pcr^uailcd  to  |iriiini.-<.'  the  half  pay 
for  life.  I'.ut,  on  \u^ii>t  24,  I'Sii,  tlic  report  <  f  tiie  committee 
on  the  memorial  <if  the  j^'cneral  ofiicers  was  a^jain  taken  up.  and 
favoralile  con^iileration  \\a>  f,'iven  to  tlie  claims  of  tlie  widows 
and  i.rplian^  of  officers.  In  177S  ( "onjjress  had  pronii>ed  seven 
veai>'  lialf  juiv  to  officers  scrvinij  to  the  end  of  the  war.  Xo\', 
a  rooliition  was  adopted  j^^rantin},'  half  pay  for  the  same  lenj,'th 
of  time  to  the  \\ido\\^  nf  those  otVicers  who  had  died,  or  sliould 
thereafter  die.  in  tlie  service.  Tlie  half  pay  was  to  commence 
from  the  time  of  an  officer's  death.  If  there  were  no  widow 
siirvivinj^.  or  in  case  of  her  death  or  remarriaj^'C.  the  half  i»ay 
was  to  f,'<)  to  any  orphan  children  of  the  deceased.  The  lejjis- 
latnres  of  the  respective  states  were  asked  to  make  the  necessary 
payments  on  accoimt  of  the  United  States.  This  was  the  first 
national  pension  law  for  the  U'liefit  of  widows  and  orphans.' 
.Mthongh  C'onjjress  did  not  at  this  time  fnlly  meet  the  wishes  of 
the  ofificers,  it  made  other  concessions  such  as  the  repeal  of  the 
proviso  that  a  recipient  of  the  seven  years'  half  pay  should  "not 
hold    iftice  of  profit  under  these  state<.  or  anv  of  them." 


-r- 

'4' 


s 

?.    « 


'  t'nril,  U'riltihis  of  U'dshiiigl, III.  viii,  ,^7''-.i80. 

-  Ihui..  viii,  .W,s. 

■■Iliint,  Ji'unuils  of  thr  Ci'itlmrntiil  C'liiirrss.  xvii,  "7f>-7".V  .\fliT  tilt- 
adoption  nf  tlio  fcdenil  Cnnstitiitidn,  rf>iilmiiin~  nf  Ciinnn.--s  nf  Nnvember 
i,  17S5,  .mil  .liii>  2.V  1787,  wen-  cnnstriui!  .i>  larririK  fiirtlur  claims  under  the 
rt-sohition  nf  .\ui;ust  24,  178(1.  Scctmn  1  nf  the  .nt  nf  Marcli  2.^.  179.',  sus- 
pended tlie  liarring  res(diitiMn>  fnr  tun  Mars.     I'.  S.  Stotitli-i  at  l.anjc,  i,  J-4.?. 


*^"^'5"%s«*^?^7.?t:7:     ^  •  ■  m 


^'^FT^MT^Wli^- 


34   I  rt)i:K.\i.  Mii.n.vKV  im-nsions  in  thk  unitko  stati  s 

I  li;ii  ili'gKi"!  |>tr^istciKe  was  an  tliiiieiU  in  WashiriKfon's 
diaraiter  i-  >lii>uii  by  the  tact  that  \n-  rctumcil  to  the  subject 
of  liall  i>a_v  liir  lite  in  a  letter  adiliessed  ti)  the  I'resitleiit  of 
t  Mii^TeNS  <in  (Ktulter  11,'  "SupinH te<l  ]>\  a  pmsiR-it  "i  a  per- 
manent inilein-mlence."  saiit  he.  "the  nt'ticers  wonid  he  tied  to  the 
Ser\ii.e,  and  umiM  Mihiiiit  to  many  momentary  privations,  and 
to  the  iiuoiivenieiues,  which  the  situation  of  public  affairs  makes 
unavoidaiili-.  1  hi^  is  exemi>lilieil  in  tiie  Pennsylvania  officers, 
who,  Umiij;  iiiHiii  ihi-  otablishment,  are  so  much  interested  in  the 
Service,  that,  in  the  course  of  live  months  there  has  Inien  only 
one  ie>i>,'natii«n  in  that  line."  Referrinj,'  to  the  olijection  that 
siicii  a  [(ro\isioii  was  wantinj,'  in  some  foreij^i  annies,  Washing- 
ton said:  "i'he  Mihtary  profession  holds  the  first  rank  in  most 
of  the  tountries  oi  l".iir<  pe,  and  is  the  road  to  honor  and  enKjhi- 
ment.  The  oiablishment  is  permanent,  and  whatever  l)e  an 
ol"iicer'>  provision,  it  is  for  life,  and  he  has  a  i)rofcssion  for  life. 
Pensions,  distiiutions,  and  particular  pri\ilej;es,  are 
comnionlv  his  rewards  in  retirement.  In  the  case  of  the  .\mer- 
ican  ofticers,  the  military  character  has  tjeen  suddenly  taken  up, 
and  is  to  end  willi  the  war." 

\\'a>hinj,'toirs  letter  wa,s  referred  to  the  same  committee  of 
ConL,'re>s  wliich  had  his  letter  of  .\uf,'ust  20  under  consideration. 
On  OcIoIkt  20  tile  committee  reported,  and  on  OcIoIkt  21  Con- 
r,'!e^-.  at  last  complied  with  \\';ishinj,'ton's  rcjieated  solicitations 
li\  pas-iiii,'  the  follouiiii,'  resolution:  "Tliat  the  ofificers  who 
sh.ill  i-onlimie  in  the  service  to  the  end  of  the  war,  shall  also  Ik- 
entitled  to  half  pay  diirinfx  life,  to  commence  from  the  time  of 
their  reduction."-'  'I'his  clause  of  the  report,  which  had  been  so 
persistently  and  vi<,'orous!v  op|X)sed,  was  carried  by  nine  states 
to  three,  Massachusetts.  Connecticut,  and  New  Jersey  voting  in 
the  negative.  The  complete  report  of  the  committee,  including 
the  above  provision,  was  adopted  bv  eight  states  to  four,  Rhixie 
Island  joiniiij^  the  negative.  Some  doubt  having  arisen  as  to 
whether  the  resolution  of  October  21  applied  to  all  the  general 

1  Tord,  U'litiiuis  ./  n\tshiii!il,)ii.  viii.  4Sl-4')3. 

■•»  Hunt,  Jiiunuils  of  ilu-  C,<nttncntal  Congress,  xviii,  958, 


S^^l^f^^T 


t<\-\  ol.t    I  Ids  \RV   1      \Slii.\S 


35 


otr 


iccrs,  (  ,  ii;,'ri--s  Mil  XovciiiIht  J,S.  17S(t,  v.itcil  that  the  halt 
pay  I'lr  liu-  \^a-.  iiifaiil  tocxtcinl  to  major  ^eiiciais  and  hriKadit-r 
>,'eiifral>  ' 

loiii   rcNo.ini-s  to  ri'hcvc  the  itnmediati;  disfre>^  of  tht- 


Uitl 


otfuiT>,  (  oiiijrc^^  hail  liiiallv  ln-i' 


n  liroii>,'lit  to  yield  to  their  ile- 


n..iiiiK  for  a  louard  al  the  end  of  the  war  and  for  the  remainder 


)f  th<. 


it 


■■eemed  beiier  to  risk  olfendiiu 


some 


>f  th 


states  than  to  lake  the  ihaiue  that  the  army  mi^,du  lie  dissolved. 
I'.nt,  after  all.  ilu-  fnU'ilmeiit  of  the  i>romist.'  that  iiad  k-en  made 
deiH-iided  on  the  attitude  of  the  states 

le  coiuhision  of  hostilities  approached,  the  {M)piilar  fevl- 


.\s    ti 


in^  a.i^aiiist  the  half  pay  for  lii< 


;re\\ .  Ml 


inti 


N'ew  l''.nj,'land  es|K'eialIy, 


a  i'l;m!i  Tot  ■  ■!> 


would  never 


.ht.-i 


psitioii,     'j'he  otlieers  hejjaii  to  fear  that  they 
their  promised  reward.     The  situaticju  was 


sueli  as 


.au:i'iis,   rresidem  ..f 


mi^rcs..  must  have  a 


nticipated 


vheii  lie  spoke  in  177S  of  the  jM.ssihihty  of  withdrawiiii;  "a  ^rant 


w  llPlI   w  il 


.ip]ie;ir  lo 


have  i.ien  extorted. 


.M; 


.ulHisc-tts  ntticers 


distiiistnii:  the  ahilitv  of  (.' 


to  ri't  fund-   f'.r  ili 


iii^rress 


li.-ill 


a])plieil  to  the  le^,'islatnre  of  tl 


teir 


nvii  st.ite  lor  a  t^uaiantec     tf  the  half 


by  the 

life,' 


pay  or  tor  comnuitation 


i.iyment   ot   a  sum   in   i^ross  in   Ijou  of   the 

the 


annuity  tor 
'UtiU  thcv  loiiml  iniliuniial  supi)ort.  the  lower  house 
vsa.s  liosii.e  to  their  ]>lea  and  they  were  unsuccessful.  Samuel 
()sL,'(H)d.  an  intluential  meml>er  of  the  M-issachusetts  delet;atioti 
to  ( "ori-^ress.  took  the  p<'sition  that  the  matter  should  he  dealt 
with  by  t"on,i,'ress  and  that  .Massachusetts  ou,t,dit  not  t-:.  make 
sjx'cral  provision  for  her  own  otticers 

Tlmuih  ()s-,hm1  held  that  the  ofllcers  should  applv  to  Con- 
jrress.  (uiu-ral  Lincoln,  the  ."^ecretarv  of  W'a;-,  .lirl  not  think  well 
of  their  pro^'.ects  of  .i  settlement  from  that  aiitho.itv.     He  irave 


%V 


r  i 


'"^^~$:  11 


r''^"i 


■,.,_^ 


36    FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

it  as  his  opinion,  in  a  priva  letter  to  Washinfjton  dated  October 
14,  1782,  that  the  n-'ttcr  (jt  the  half  pay  would  not  l)e  in  a  better 
situation  "until  it  shall  be  reconinitiulcd  by  Congress  to  the  sev- 
eral states  to  provide  tor  their  ..\vn  officers."  The  half  pay,  he 
said,  had  been  a),'reed  upon  by  less  iban  nine  states  l)efore  the 
Articles  of  Confederation  were  in  force,  and  he  did  not  think 
that  nine  states  would  vote  lor  it  nnw.' 

\Vashin<;ton"s  corres]X)ndence  of  the  period  shows  how  critical 
conditions  were  in  the  anny.'  Alxnit  the  middle  of  Decenil>er, 
he  wrote  to  Joseph  Jones  that  dissatisfaction  had  arisen  to  a 
great  and  alarniinij;  height,  and  that  combinations  among  the 
officers  to  resign  at  given  pericxls  in  a  lx)dy  were  t)eginning  to 
take  place.  He  said  that  by  some  address  and  management  the 
resolutions  of  the  officers  had  l^een  converted  into  the  form  of  a 
memorial  which  would  be  presented  to  Congress.-' 

The  Massachusetts  officers  took  the  lead  in  preparing  the  state- 
ment of  their  grievances  and  desires  for  Congress  and  invited 
the  officers  of  several  other  states  to  join  them.*  In  their  ad- 
dre.ss  complaint  was  made  that  there  had  been  no  efifectual  pro- 
vision for  the  half  pay  and  that  those  entitled  to  it  had  l)ecome 
the  objects  of  obliKiuy.'  The  grant  seemeil  to  them  an  hont)rable 
and  just  recompense  for  years  of  hard  ser\-ice  in  which  they  had 
suffered  in  health  and  fortune.  If  the  objection  were  against  the 
mode  of  reward  only,  they  offered  in  the  interest  of  harmony 
to  commute  the  half  pay  pledged  for  full  pay  during  a  tenn  of 
years,  or  for  a  sum  in  gross.  Congress  was  also  asked  to  make 
proper  provision  for  disabled  officers  and  soldiers,  and  for  the 
widows  anil  or])hans  of  those  who  had  lost  their  lives  in  the 
service  of  their  country. 

.\    committer  of  three.   Major  (ieneral   McDougall  of   New 


>  Sp.Trks,  U'ritiitfis  of  ll'iisluniitiii,  viii,  fimtnoti',  .^,V>-7. 

-To  tlir  Sccrt-tarv  >>t  War  ((irinr.nl  Litu-olni.  (»it.  _',  1/82,  l-'..ni.  li'r:t  ,./.? 
of  H\islu>uilo„.  X,  'M*:  to  hinu>  McIItnrv.  Oct.  17,  178.',  ii'id..  \.  04;  to  Ji.^cpli 
Joins.  IVc.  14,  17.^2,  tin:!.,  x.  117. 

■'  Ihiti..  \.  117  9. 

*  Hatch.  The  AtlmintMraii'n  of  tlir  Rr:  'iluiiiouny  .Irmy.  1-47  '). 

'•The  full  text  of  llii;  memorial  i~  printed  it:  cimi-ctioii  with  the  pro- 
ci'ttlinus  ot  Congress,  .April  29.  178,i.  Joitn'nls  f  C 'Hii/fi-.o'  (lX2.i  cditiun), 
2(K-)-215. 


KF.\T)LL'TION'ARV  PFNSIONS 


Z7 


York,  Lieutenant  Colonel  Brooks  of  Massachusetts,  and  Colonel 
Oj?den  of  New  Jersey,  were  chosen  to  represent  the  officers  be- 
fore Congress.  The  committee,  after  suffering  considerable 
delay,  proceeded  to  Philadelphia  and  presented  the  memorial  on 
January  6.  1783.'  Washington,  in  writing  to  Joseph  Jones  on 
Deceml)er  14,  had  advised  "so(jthing  measures"  towards  the 
officers  in  the  very  critical  state  of  affairs.'  Their  paper  was 
accordingly  received  and  referred  to  a  "grand  committee" — a 
committee  having  one  meml)er  from  each  .state — "as  a  mark," 
says  Madison,  "of  the  important  light  in  which  the  memorial 
was  viewed."  The  grand  committee,  on  the  evening  of  Januar>' 
13.  gave  an  audience  to  the  representatives  from  the  army.'  The 
officers  on  that  occasion  dwelt  particularly  upon  three  iK)ints — an 
instalment  on  the  pay  due,  security  for  the  arrears,  and  provision 
for  the  half  pay  for  life.  They  expressed  dissatisfaction  with 
the  states  which  opiK)sed  the  half  pay,  observing  that  it  formed 
part  of  the  wages  stipulated  to  them  by  Congress.  "They  com- 
plained that  this  part  of  their  reward  had  lieen  industriously  and 
artfully  stigmatized  in  many  states  with  the  name  of  pension, 
although  it  was  as  reasonable  that  those  who  had  lent  their  blood 
and  services  to  the  public  should  receive  an  annuity  thereon,  as 
those  who  had  lent  their  money."  They  referred  to  their  memo- 
rial "to  show  that  they  were  authorized  and  ready  to  commute 
their  half  pay  for  any  ctiuivalent  and  less  e.xcejjtionable  provi- 
sion." 

.After  the  departure  of  the  representatives  of  the  armv,  the 
grand  committee  appointed  a  subcommittee  consisting  of  Ham- 
ilton, Madison,  and  Rutledge  to  report  arrangements  in  concert 
with  Morris,  the  Superintendent  of  Finance.  On  January-  24 
the  grand  committee  presented  to  Congress  a  report  drawn  by 
Hamilton  of  the  sulxommittee.  With  regard  to  the  officers'  half 
pay,  the  report  favored  leaving  it  "to  the  option  of  all  officers 


aki  \ 


If:  :ii 

i 


•  Hunt,  Writings  of  James  Midison.  i,  .103. 

'Ford,  n  .itings  of  Washington,  x,  118. 

'  For  the  whole  discussion  of  the  officers'  memorial,  sec  .Madison's  report  of 
the  "Dehates  in  the  ConRress  ,.f  the  Confederation."  Hum,  U'ritiiuis  of  James 
Madison,  i,  250  and  foIlowinK. 


In 


38    FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

entitled  to  half  pay,  either  to  preserve  their  claim  to  that  provi- 
sion as  it  now  stands  by  the  several  resolutions  of  Congress  upon 

that  subject,  or  to  accept years'  full  pay,  to  be  paid  to  them 

within  one  year  after  the  conclusion  of  the  war,  in  money,  or 
placed  u(x>ii  good  funded  security,  bearing  an  annual  interest  at 
six  per  cent."  The  following  clay  Congress  debated  this  proposi- 
tion for  the  commutation  of  the  half  pay  for  life,  but  could  not 
agree  as  to  what  number  of  years'  full  pay  should  be  allowed. 
It  was,  in  fact,  very  doubtful  whether  the  New  England  states 
would  concur  in  any  arrangement  of  the  sort  "so  averse  were 
they  to  what  they  called  pensions."  Estimates  were  made  that 
the  annual  amount  of  half  pay  was  between  four  and  five  hun- 
dred thousand  dollars,  and  that  the  interest  on  the  proposed  com- 
mutation would  be  nearly  two-thirds  of  that  sum.  The  pros- 
pective exi)ense  impressed  Congress  with  the  need  of  caution,  and 
the  report  was  referred  to  a  new  committee  of  five  headed  by 
Osgood  of  Massachu.setts.' 

When  the  proiKDsal  to  commute  the  half  pay  was  again  taken 
up  on  Februan.-  4.  the  delegates  from  Connecticut  and  Rhode 
Island  said  that  they  were  bound  by  instructions  to  opix)se  this 
methwl  of  settlement.  They  questioned  the  validity  of  the 
promise  of  half  pay,  "as  it  had  passed  before  the  Confederation, 
and  by  a  vote  of  less  than  seven  [sic]  states.""  Madison  and 
Bland  of  V'irginia,  and  Wilson  of  Pennsylvania,  held  that  the 
grant  was  valid  t)ecause  it  was  made  according  to  the  rule  then 
in  force.  Surprise  was  expressed  by  Wilson  that  instructions 
should  l>e  given  which  militated  against  the  most  peremptory  and 
lawful  engagements  of  Congress.  If  such  a  doctrine  prevailed, 
he  said  that  the  authority  of  the  Confederacy  was  at  an  end. 
By  general  consent,  the  reiwrt  lay  over.' 

In  view  of  the  unwillingness  of  Connecticut  and  Rhode  Island, 
in  particular,  to  honor  recommendations  or  retjuisitions  of  Con- 
gress for  the  half  pay,  and  in  view  of  the  fact  that  Congress  had 


'  Hunt,  ll'ritinris  rf  Janus  Mmiison,  i.  ,^24,  ,127. 

-  See  page  34,  ante. 

'  Hunt,  ll'riliitgs  of  James  Madisati,  i,  357. 


REVOLUTIONARY  PENSIONS 


39 


no  fund  available,  Gilman  of  New  Hampshire  moved  on  Febru- 
ary 25  that  tlie  officers  of  the  amiy  be  referred  to  their  respective 
states  for  their  half  pay.  It  was  claimed  that  such  action  would 
be  satisfactory  to  the  officers.  In  the  debate,  Wolcott  of  Con- 
necticut went  so  far  as  to  say  that  "the  states  would  give  Con- 
gress nothing  whatever,  unless  they  were  gratified  in  this  par- 
ticular." Not  only  was  Rhode  Island  unwilling  to  meet  requisi- 
tions of  Congress  for  the  half  pay,  but  Co'.iins  said  that  she  had 
expressly  instructed  her  delegates  to  opix>se  every  measure  tend- 
ing to  an  execution  of  the  promise  out  of  mmeys  under  the  dis- 
position of  Congress.  To  such  statenientf  the  reply  was  made 
that  the  half  pay  was  a  debt  as  solemnly  contracted  as  any  other 
debt,  and  that  the  states  could  not  refuse  a  requisition  for  the 
purpose  of  making  a  settlement.  A  reference  of  the  officers  to 
their  own  states  would  not,  it  was  saiil,  be  satisfactory'  to  the 
officers  of  the  states  that  objected  to  ha''"  pay,  and  such  a  mode 
of  settlement  was  not  in  accordance  with  the  law  of  the  Con- 
federation.    Oilman's  motion  was  defeated. 

When  the  debate  was  resumed  on  Febniarj'  27,  Madison 
pointed  out  "that  the  commutation  proposed  was  introduced  as 
a  compromise  with  those  to  whom  the  idea  of  pensions  was 
obnoxious,  and  observed,  that  those  whose  scruples  had  been 
relieved  by  it  had  rendered  it  no  less  obnoxious  than  before,  by 
stigmatizing  it  with  the  name  of  a  perpetuity.  He  said,  the 
public  situation  was  truly  deplorable.  If  the  payment  of  the 
capital  of  the  public  debts  was  suggested,  it  was  said,  and  tndy 
said,  to  be  in  ssible:  if  funding  them  and  paying  the  interest 
was  proposed,  "  was  exclaimed  against  as  establishing  a  dan- 
gerous moneyed  interest,  as  corrupting  the  pul)lic  manners,  as 
administering  poison  to  our  republican  constitutions."'  On  the 
next  day,  there  were  .seven  ayes  in  favor  of  a  motion  to  grant 
five  years'  full  pa\-  as  commutation,  but  the  projwsition  was  held 
to  be  an  appropriation  requiring  nine  votes. 

On  March  10  a  plan  for  the  commutation  of  the  half  pay  was 

*  Hunt,  ll^'rilings  of  James  Madison,  i,  ,?92. 


40    FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

again  discussed  in  Congress  and  received  the  votes  of  eight 
states.  The  whole  Massachusetts  delegation  voted  "aye."  Con- 
necticut was  divided,  and  New  Hamiwhire,  Rhode  Island  and 
.New  Jersey  voted  "no  '"' 

While  Congress  was  debating  and  postponing,  matters  were 
going  from  lad  to  worse  in  the  army,  .\hout  March  10  ap- 
peare<l  the  well  known  "Xewburgh  addresses."  urging  the  offi- 
cers of  the  anny  not  to  separate  until  Congress  had  done  justice 
to  their  claims.  Washington  transmitted  copies  of  these  ad- 
dresses to  Congress,  accompanied  by  official  and  private  letters, 
detailing  the  occurrences  at  the  Newburgh  encampment.-'  iiis 
letter  of  March  12  was  placed  l)efore  Congress  on  March  17. 
Madison's  interesting  report  of  the  proceedings  tells  how  the 
ditTiculties  of  the  situation  were  placed  upon  the  shoulders  of 
tho.se  who  were  opjiosing  the  commutation  and  other  settle- 
ments. He  says:  "By  private  letters  from  the  army,  and  other 
circumstances,  there  an^eared  g(Kxl  ground  for  susjjecting  that 
the  civil  creditors  were  intriguing,  in  order  to  inflame  the  anny 
into  such  desperation  as  would  pnxhice  a  general  provision  for 
public  debts.  These  papers  (  Washington's  letter  and  the  anony- 
mous addresses*  were  committed  to  Mr.  (nlman,  Mr.  Dyer,  Mr. 
Clark.  Mr.  Rutlcdge.  ami  Mr.  Mercer.  The  ap])ointment  of  these 
gentlemen  was  brought  alxiut  by  a  few  meml>ers.  who  wished  to 
saddle  with  this  embarrassment  the  men  who  had  opposed  the 
measures  necessary  for  satisfying  the  army,  ■:•!!:..  the  half  pay 
and  permanent  funds;  against  one  or  other  of  which  the  indi- 
viduals in  question  had  voted.  "'  In  his  account  of  the  proceed- 
ini,''s,  Madison  also  says  that  the  alarming  intelligence  from  the 
army,  the  critical  situation  of  .\merican  afTairs  in  Iuiroj)e.  and 
the  fmancial  difficulties  at  home  gave  peculiar  aw  e  and  solemnity 
to  the  moment  and  "oppressed  the  minds  of  Congress  with  an 


^  Jounuih  <)/  C''iuiress.  iv,  17.1  (1823  eiiitionV 

-To  the  Pre-idtnt  of  Congress,  March  12,  178.1;  to  Joseph  Jones  in  Con- 
gress, Mari-h  12.  178,^:  to  the  President  of  Cunnress.  March  18,  17.K>;  ti 
h«rvh  lone-.  Marcli  IK.  17W.  Fr.rd.  ',rnii,i,is  rf  ir„d,i<inl.n,,  s.  1(«8,  174. 
178,  1K2. 

■'  Hunt,  H'riliti'is  ■•(  Jmiics  M  icltS'>>i,  i,  4i)7. 


'1 


REVOLUTIONARY  PENSIONS 


41 


anxiety  and  distress  which  had  lieen  scarcely  felt  in  any  period 
of  the  Kevokition." 

The  plan  to  impress  with  the  perils  of  the  situation  the  mem- 
bers who  liad  opposed  commutation  and  other  settlements  with 
the  army  was  successful.  F,y  Iiis  ncf,'ative  vote  on  March  10, 
Dyer  of  Connecticut  had  prevented  a  proiM>siti(jn  for  commuta- 
tion from  receiving  the  vote  of  nine  states  and  thereby  toeing 
adopted.  On  March  20  he  offered  a  i>lan  of  commutation  sub- 
stantially the  same  as  that  which  had  l)een  defeated.  Madison 
observes  that:  "This  seemed  to  be  extorted  from  him  by  the 
critical  state  of  our  affairs,  himself  i)ersonally,  and  his  state, 
being  opix>sed  to  it." 

On  March  22  Congress  received  a  letter  from  Washington 
(dated  March  18)  in  v.hich  he  related  the  fortunate  outcome  of 
a  convention  of  the  officers  and  urged  that  their  sacrifices  and 
sufferings  should  be  rewarded  by  a  provision  for  the  half  pay 
in  addi.ion  to  the  simple  payment  of  their  wages.'  On  the  same 
day  Dyer's  proposal  for  commutation  was  agreed  to.  However, 
he  insisted  on  a  preamble  intended  to  reconcile  his  state  (if  Con- 
necticut to  the  mea,sure.  Nine  states  voted  "aye,"  including  the 
four  delegates  of  Massachusetts,  and  Wolcott  and  Dyer  for 
Connecticut.^ 

The  Conmiutation  .\ct,  as  the  new  measure  was  termed,  pro- 
videfl  that  in  lieu  of  the  half  pay  for  life  the  officers  should 
receive  five  years'  full  pay,  in  money,  or  in  securities  l)earing 
interest  at  six  per  cent  per  annum,  as  Congress  should  find  most 
convem'ent.  The  officers  in  the  lines  of  the  respective  states 
were  given  an  option,  when  acting  in  each  state  collectively,  as 
to  the  acceptance  or  refusal  of  the  securities  offered. 

Closely  following  the  passage  of  the  Commutation  Act.  Con- 
gress received  on  March  24  news  of  the  .signing  on  Januar>-  20 
of  the  preliminaries  for  a  general  peace.     Tii  a  letter  of  March 


t 


F(ird.  nrxtin,]S  of  ll\,shin,,ton,  x.  179-180.  .\t  the  <ame  time  VVasliing- 
ton  was  writing  pruately  to  Joseph  Jones:  "NothinR  is  too  extravagant  to 
expect^rom  men  who  conceive  that  they  arc  ungratefully  and  unjustly  dealt 


Ibid.. 


184. 


-Journals  of  Coiujrcs,    (\H2i  edition),   iv,    "0      .\lso   Hunt,    Wnlhuis   of 
James  Madison,  i,  421,  422. 


42    FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

30,  Washington  wrote  to  the  President  of  Congress  with  "the 
most  hvely  sensations  of  gratitude  and  pleasure, "  rejoicing  prin- 
cipally in  the  news  of  the  general  peace,  but  also  because:  "The 
commutation  of  the  half  pay.  and  the  measures  adopted  for  the 
liquidation  of  their  accounts,  will  give  great  satisfaction  to  the 
army;  and  will  prove  an  additional  tie  to  strengthen  their  confi- 
dence in  the  justice  and  l)enevolent  intentions  of  Congress 
.owards  them."' 

On  April  24.  1783.  Congress  issued  an  "Address  to  the  States," 
dealing  with  the  financial  affairs  of  the  nation.  Among  the 
obligations  to  ha  met  was  the  commutation  of  half  pay,  which 
was  estiniated  at  $5.CK)0,000.  involving  an  annual  interest  charge 
of  $300,000.'  The  address  asked  the  consent  of  the  states  to 
the  laying  of  an  impost  dutv  to  provide  the  general  government 
with  an  independent  revenue. 

Though  promises  made  in  the  dawn  of  peace  seemed  good  to 
the  Revolutionan.-  officers,  they  soon  found  that  they  were  far 
from  enjoying  the  snljstantial  fruits  of  fulfilment.  In  June  they 
were  being  compelled  to  leave  the  army  without  any  settlement 
or  means  of  [aying  their  debts,  and  "without  an  evitlence  that 
anything  is  due  to  us  for  our  ser\-ices.  and  consequently  without 
the  least  prosjiect  of  obtaining  creilit  for  even  a  temporary  sulc 
sistence."'  The  indefatigable  Washington  again  vigorously 
championed  thtir  cause.  On  June  8  he  addressed  from  New- 
burgh  a  circular  letter  to  the  governors  of  all  the  states  on  the 
occasion  of  the  di-banding  of  the  army."  In  advocating  public 
justice  id  the  discharge  of  public  debts,  he  transmitted  a  collec- 
tion f  ers  rel?tive  to  the  half  pay  and  commutation  granted 
to  the  icer«.  With  regard  to  these  measures  he  said  :  "The 
resolutions  of  Congress,   now   alluded  to    are  undoulrtedly  as 


1  l-.inl.   Jrnniias  ,-/   ]V<Jslniit;t«r..  x.   198-lW.   footnote. 

-lournaL-  I'f  Cr<ui<..<s  ( 1S^>  I'ditiont.   1<)4-1''7. 

^Maj(.r  i,<n.r;i;  l!..ith.  acting;  for  the  Kenerals  and  officers  ..f  VVashing- 
ton's  comman',  pT-c-entnl  an  adilres-  to  Wa-hington,  June  5,  1783.  This  is 
printed  with  .  tlur  papers  rn  the  half  pay  amtrnversy  m  House  Documents, 
l=t  Se«.,  1<>th  Cnnu.  18-'.^-c.  vd.  viii.  No.  1,^5.  p.  <).  WashinKton  s  reply  to 
General  Meat''  may  lu-  foimd  in  I'oril.  ((>i/iii<).f  of  Washington,  x.  251-254. 

♦  I'Vird.  Wv^tiiu:.:  ,'f  '.r.:  J  :,■<,;■  •■.  n.  2.=4-:(o. 


KEVOLUTIONARY  PliNSIONS 


43 


absolutel>  bimlinj,'  uiwn  the  United  States,  as  the  most  solemn 
acts  of  confederation  or  lej;islatio:i.  "  The  half  pay  and  com- 
mutation ouffht  not  to  l)e  regarded  "in  the  odious  hght  of  a 
I>ension."  It  was  a  part  of  tlie  officers"  hire.  "I  may  Ije  allowed 
to  say,  it  was  the  price  of  their  blood,  and  of  your  independency; 
it  is  therefore  more  than  a  common  debt,  it  is  a  debt  of  honor; 
It  can  never  l)e  considered  as  a  pension  or  gratuity,  nor  be  can- 
celled until  it  is  fairly  discharged." 

Washington  defen  ed  the  distinction  that  had  been  made  in  the 
matter  of  half  i>ay  and  commutation  between  officers  and  private 
soldiers.  He  thought  that  all  things  being  duly  considered— the 
large  bounties  paid  the  soldiers  in  .some  states,  the  donations  of 
lands,  the  arrearages  of  clothing  and  wages.— the  gratuity  of  one 
year's  full  pay  was  as  just  as  the  reward  to  the  officers.  How- 
ever, he  would  be  pleased,  if  judged  equitable,  to  sec  some  further 
compensation  given  the  soldiers.  He  also  urged  punctual  pay- 
ment of  the  pensions  to  invalids  in  accordance  with  the  resolu- 
tions of  April  23.  1782. 

Xotwithstanding  Washington's  earnest  plea  for  the  keeping  of 
the  public  faith,  opposition  in  Xew  Rngland  to  the  commutation 
of  the  halt  pay  increased  rather  than  otherwise.  The  .Mas.sa- 
chusetts  legislature  changed  the  representation  of  tiie  state  in 
Congress  as  a  penalty  for  concurrence  in  the  Comniut.ition  Act,' 
and  also  prepared  a  remonstrance  to  Congress  against  ihe  iTieas- 
ure."  This  document  was  presented  to  Congress  in  Tuly.  It 
asserted  that  the  grant  was  more  than  an  adequate  reward  for 
the  services  of  the  officers,  "inconsistent  with  that  equality  which 
ought  to  subsist  among  citizens  of  free  and  republican  States," 
and  "calculated  to  raise  and  e.xalt  some  citizens  in  wealth  and 
grandeur,  to  the  injury  and  oppression  of  others."  While  horror 
was  expressed  at  the  most  distant  idea  of  the  dissolution  of  the 
union,  the  resolutions  observed  "that  the  extraordinary  grants 
and  allowances  which  Congress  ha\e  thought  proper  to  nnike  to 

'  Madismi   I'ai^crs,  i,  557. 

"Journals  of  Crvfircss   (0*23  edition),  iv,  276. 


r 


'J 


fM  ti 


In. 


44    FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

tlicir  civil  and  military  ollicers,  liave  produced  such  effects  in 
this  coiuinunwealth,  as  arc  ui  a  threatening  asi)ect."  i'oT  these 
reasons,  the  general  court  refused  the  consent  ol  the  state  to 
the  iiniK)St  duty  reconunended  hy  Congress  in  its  "Address  to  the 
States,"  but  promised  to  consider  the  matter  again  at  the  next 
session. 

L"ongres>  referretl  the  Massachusetts  remonstrance  to  a  com- 
mittee, which  reported  that  the  liall  i«iy  and  conmnitation  had 
been  finally  uilopted,  and  that  it  was  not  now  possible  to  with- 
draw the  pr^  liscs  made  to  the  army  olVicers.  W  hat  had  been 
done  b  Jongiess  in  the  matter  of  contracting  debts  before  the 
Lunfederation  was  formed  was  under  the  Articles  a  legitimate 
charge  against  the  Lnited  States.  To  attempt  to  recall  the  debt 
to  the  orticers  would  sap  the  foundation  of  public  credit.  This 
committee  report  was  ai)proved  by  Congress.' 

In  Connecticut  hostility  to  the  Commutation  Act  was  wide- 
spread and  amounted  with  some  jwople  to  a  frenzy.  The  files  of 
tlic  Connecticut  Cminint  are  filled  with  letters  on  the  matter.  The 
(.I)ponents  of  commutation  asserted  that  Congress  had  no  right 
to  make  the  grant  and  that  the  officers  had  obtained  the  provision 
In-  deceit  and  intimidation.  Officers,  said  the  critics,  were  being 
rewarded  and  private  soldiers  neglected.  The  soldier  would  "be 
(vhliged  to  labor  the  remainder  of  his  life  for  the  supiKjrt  of  his 
officer  in  ease  and  aftluence."-'  An  iniix)verished  country  would 
have  to  be  taxed  to  build  up  and  maintain  an  aristocracy.  The 
defenders  of  the  half  pay  and  conuiiutation  replied,  recounting 
the  services  of  the  officers  and  urging  that  faith  should  be  kept 
and  just  debts  paid.  A  large  number  of  the  towns  of  the  state 
took  the  subject  up  in  town  meetings  and.  in  general,  passed 
hostile  resolutions.'  Some  of  these  resolutions  were  made  the 
subject  of  satirical  replies. 


1  Inr  a  fli<;cii^si(in  (if  tin  jxisitinn  of  CctiRress  in  the  matter  of  the  com- 
mutation of  half  pay.  <tr  .1.  T.  Austin.  Lif,-  of  F.Ihrld,],-  Grrry,  i,  395-8. 

-Coiiiu-cluul  Couraiil  <ind  l(Vrt/y  hitrlluia'or.  May  l.l  1783.  Letter 
signed  "Constant   Cu>tonier." 

^  Ibid..   luly  J9,  1783.     .\cticin  of  the  town  of  TorrinKton. 


!<i:\()lAri()\'ARV  I'KNSIONS 


45 


An  interestiii},'  illuslration  of  tlie  bitternos  of  the  feeling 
against  officers  who  received  the  coiiumitatiun  is  shown  in  the 
meeting  of  the  town  of  Farniingt(jn,  August  4,  1783.'  This  town 
ai)])<)inte(l  a  committee  to  consider  what  was  proiK-r  to  be  done 
relative  to  Cainain  William  judd,  of  said  town,  who  had  lately 
returned  from  I'hiladeliihia.  having,  as  was  rejxjrted,  obtained 
securities  for  the  comjiuitation  of  iiall  i>ay.  There  was  a  unani- 
uKius  vote  of  'the  severe-t  reprehension,  and  a  committee  was 
appointed  to  serve  Capt.iin  judd  with  a  copy  of  this  vote  "as  a 
I)erf>etual  testimony  of  our  sense  in  this  matter."  The  captain, 
who  had  acted  for  his  brother  officers  of  Connecticut  in  settling 
their  accounts,  defended  himself  in  the  next  issue  of  the  Ciiiniiit- 
He  said  that  on  August  3  he  had  avoided  a  mob  whicji  had 
threatened  to  abuse  him  and  take  away  the  securities,  and  that 
on  the  next  day  the  mob,  after  annoying  his  family,  had  resolved 
theniscl\cs  im..  .i  town  meeting  and  passed  the  alxne  mentioned 
resolutions. 

On  August  J3  a  committee  for  the  town  of  Hartford,  associ- 
ated with  committees  frtmi  other  towns,  called  a  general  conven- 
tion of  the  towns  in  the  state  to  meet  at  Middletown  on  the  first 
Wednesday  in  September  to  consider  what  ought  to  \k  done  upon 
the  subject  of  commutation.''  Twenty-eight  of  the  towns  met  at 
Middletown  on  the  appointed  day,  and  adjourned  to  meet  again 
Sci)teml)er  30,  it  l)eing  represented  that  many  of  the  distant  towns 
of  the  state  had  not  received  timely  notice.*  On  SeptemlK>r  30 
forty-eight  towns,  or  over  two-thirds  of  tho.se  in  the  state,  were 
represented  at  Mi(!cllett)wn.''  This  Ixxlv  gave  vent  to  numerous 
anti-commutation  speeches  and  resolutions  and  decided  to  con- 
tinue itself  in  existence.  It  held  several  later  meetings,  issued  an 
address  to  the  people  of  Connecticut  in  Mardi,  1784.  and  came 
to  an  eml  in    NTiri!." 


'  C,inii,;luut  C-iirmit  ,ind   ll',,-Ux   lut,-!H,icnccr.    Aim.    1-'.   178.^ 
-  Ihul.,  Aiiir.  II).  \-H?,. 
'  inj..  Aiii;.  _'(i.   17S.?. 

*  SaUm  Gitc-llr.   Sept.   11.   I'K.i;   C,ni!:,\t:nit  J,<unht!.   Si  pt.    10,    178,1 
'  I'n-rnunis  (7ii  .i;.\7.-   {  Ihint^  r^!  i,   Oct.  6.   178.1 
11   ■'l-ii"'  '■'•''    '"    '"■""'""    ■'''•■""■"/'•  '►4-t-     A!<M   U^.rtt  inl   C.'ur,,,il.   April 


4f>    KEDERAL  MILITARY'  PENSIONS  IN  THE  UNITED  STATES 

Noah  Webster,  then  a  young  man,  bc),'an  his  career  as  a  p(iliti- 
cal  writer  by  cundcnining  the  action  i>f  the  Midcllctown  conven- 
tion and  town  meetings  and  upholdin;,'  the  justice  oi  the  Com- 
niutation  Act.  He  sup]X)rted  the  action  of  Congress  in  a  series 
ol  able  essays  which  appeared  over  the  signature  "Honorius"  in 
the  Connecticut  Courant,  commencing  August  26,  1783.'  His 
active  participation  in  the  discu.ssion  gives  especial  value  to  the 
account  of  the  anti-commutation  movement  in  a  volume  of  his 
essays  published  in  1790.*  Webster  thought  that  one  of  the 
principal  causes  of  objection  to  the  act  was  that  "while  it  gave 
live  years'  full  pay  to  the  officers,  (it)  allowed  but  one  year's  pay 
(eightv  dollars)  to  the  privates;  a  distinction  which  had  great 
influence  in  exciting  and  continuing  the  popular  ferment,  and 
one  that  turne<l  a  large  share  of  the  public  rage  against  the 
officers  themselves." 

Webster  also  pointed  out  that  the  opposition  to  the  Commuta- 
tion Act  was  largely  intlamed  by  suspicion  and  fear  of  the  Society 
of  ti)e  Cincinnati  which  had  been  formed  by  the  disbanded  Revo- 
lutionar .  officers.'  During  the  agitation  against  commutation,  a 
pamphlet  against  the  Cincinnati  by  Judge  Rurke  of  Snuth  Caro- 
lina api)eared  in  Connecticut  and  contributed  not  a  little  to  in- 
crea-^e  the  i>opular  hr)stility  to  a  settlement  of  the  otllicers'  claims, 
hiilge  r.urke  "attempted  to  prove  tliat  the  principles,  on  which 
the  societv  was  formed,  would,  in  process  of  time.  orii,Hnate  and 
establish  an  order  of  nobility  in  thi«  coimtry.  which  woul<l  be 
repugnant  to  the  -enius  of  our  republican  governments  and 
dangerous  to  liberty."'  The  alleged  attempt  to  create  this  order 
of  nobilitv  was  denounced,  and  the  commutation  uas  opposed  as 
a  tax  upon  the  people  to  support  this  aristocracy. 

The  anti-commutation  feeling  was  so  strong  in  Connecticut 
that  the  flou'^e  of  Representatives  of  that  state,  in  November, 


'  Xolrx  nil  //i(-  Lifi-  (if  Xnnit  ll'ebstcr,  i,  65-66.  See  also  the  files  of  the 
Connectiiut   Couiiiiit. 

2  Noah  Wch'tcr.  Essays.  184-187. 

'  For  example,  sec  the  re'-oliitioiis  of  the  town  of  Killin.ijworth  in 
Cioiiu-cticut  Courant.  Sept.  2.  1783. 

*  Noah    \Vel)Stcr,   lissays.    186. 


ki-:\(ii.ii  [I  )\  \Rv  I'l  xsiDN- 


47 


17H3.  pn.tfstcd  to  C"uiiy:ress  that  neither  the  half  pay  tor  life, 
nt.r  the  comniutatinn,  was  warranted  In  the  Articles  of  Con- 
federation or  I)y  any  jK.wer  ever  dele),'aled  to  Congress.  But 
the  upper  house  refuse<l  to  join  in  thi-;  protest.'  r,.>vcrnor  Trum- 
IjuII.  tiM),  was  a  strunij  supporter  of  measures  to  keep  the  public 
faith.  In  his  messajje  to  the  K'islature  l>efore  retiring  from 
oltue.  he  did  not  mention  cotnnuitation  in  express  terms.  But 
he  advised  against  jealousy  of  Con-ress,  denial  of  national  obli- 
gations, and  yielding  to  popular  clamor  and  tumult.  Men  of 
education  and  weight  like  Dyer,  Wolcott,  Oliver  Ellsworth,  and 
others  were  in  sympathy  with  Trumbull's  views.'  The  Cmnecti- 
cut  opposition  to  commutation  gradually  declined  in  violence  and 
subsided  in  the  spring  of  1784.' 

Though  the  disturbance  was  most  violent  in  Connecticut,  it 
also  apiH-ared  in  Massachusetts  and  other  states.*  .\s  alreaily 
related,  the  Massachusetts  legislature  was  prompt  to  protest 
against  the  Commutation  .Act.  Governor  Hancock,  however, 
urged  the  .Tssemblv  to  support  the  credit  of  Congress  and  join 


^Jnurnah  of  C.;,.,r.-ss  (18M  cdifon),  ,v,  347.     See  also  Webster,  Estayi 

=  StiK-irt.  /.//,•  nf  Trumbull.  (>05-/Ai\ 

'GeorRe  I..  Clark,  in  his  !{i:t„ry  rf  Coiiiu-iluut.  pages  M)7-S  savs  o{  the 
anti-o,mnnit.ition  attitarion  in  the  st.ite :  ".V  siij.i  of  the  morl,i.i  timiditv  of 
the  time  appears  in  the  worry  ov,  r  the  Order  of  Ciiu-inii.-,ii.  a:,  inr.ci-it 
society  of  the  veteran^  of  the  war.  orRanized  hy  General  Kn,.x  to  se.  ure 
some  inextravaKant  henehts  for  the  old  soldiers.  The  estreme  democratic 
feelinK   m   (.onnecticut    was    suspicious  of   this   order,   which    was   about   as 

H^.TT"  ^'  ■  '/^r''  i^"'^;  "'  '^'  R'^^P'-hlic-.  It  wa,s  imaifin.d  by  some 
th.at  the  officers  of  the  Revolution  were  (.-rafters  and  harpies  who  were 
attempting  to  obtain  ncho-,  which  would  impoverish  their  fellow  citi- 
zens, and  Lonwress  was  thought  to  b,-  corrupt  for  aiding  them  These  sen- 
timents were  expressed  in  a  cnveniion  at  MiddleMwn  (.September  I7a3) 
and  concurred  in  by  the  general  assemblv  at  its  October  session  of  17Sj' 
U.nnecticut  did  not  object  to  tax,ation,  but  she  was  unwilling  to  be  taxed 
to  advance  the  Order  of  Cincinnati.  There  was  danger  for  a  time  of 
sedition  among  the  uninformed,  hut  ..ion  the  common  sense  of  the  more 
mtelhgent  minority  prevailed  to  support  the  measures  of  Congress  and 
tranquillity  was  restored  Compare  wit',  the  above  the  views  of  .\lexander 
Johnston  as  quoted  in  the  f.),itnote  on  pages  52  and  .==3. 

♦I-or  example,  the  C',wr<ln-ut  Cnurjnt  of  .\uRust  I.',  17a!.  published 
resolutions  against  halt  pay  or  commutation  by  a  town  meeting  held  in 
Amenia  Precinct.  Dutchess  Countv.  New   York,  on    fulv  4    1783 


4S    I  I.DKR.M.  Mll.n  AUV  I'l-NSloNS  IN  THK  L'NITKI)  STATICS 

in  K'^oifl  •'"  rea>i>ial)lc  rewards  to  the  army  that  won  indci>cn- 
lUiicc.' 

riitre  \va>  some  attempt  in  Massailnisetls  to  follow  the  ex- 
ample of  liie  Miililletown  ci>nvei\ti"n.  In  I'ehniarv,  1784,  a  plan 
was  made  to  Imld  a  meeting  of  all  the  towns  nf  Suffolk  Cuimly  at 
1  ledham  to  consider  the  i-oi;ini\it;itii>n  and  also  the  act  >i\  .Ma>sa- 
ihiisetts  j^'rantin;,'  an  impost.  I'.m,  on  Marih  15,  the  I'.oston 
town  meeting  e\i»ressed  disapprobation  ot  the  plan,  and  it  fell 
through." 

Sanuiel  .\dams.  who.  while  in  l'oni,'ress.  had  vigorously  op- 
posed the  origmal  grant  of  half  pay  fur  life,  was  among  those 
who?,e  intluence  serw  1  powerfully  to  (|uiet  the  pul>lii-  commotion. 
I  le  held  that  Congress  had  an  undoubted  right  to  m.ike  the  grant, 
and  that,  even  though  the  measure  should  seem  to  any  to  have 
been  ill-judged,  the  states  were  bound  in  justice  and  honor  ti> 
comply  with  it. 

During  the  anti-commutation  agitation  in  C"onnecticut.  Noah 
Webster,  hearing  that  .\<lams  had  written  a  letter  d  -precating  the 
opjiosition  to  commutation,  wrote  requesting  ;i  coi>y.  Adams 
rejilied,  stating  his  views  at  length.  lie  maintained  that  Congress 
was  the  sole  judge  of  the  necessary  means  of  supixirting  the  late 
army,  and,  if  upon  their  own  deliberate  counsels  and  the  repeated 
representations  of  the  commander-in-chief  of  the  army  they 
judged  it  absohitely  necessary  t<>  grant  the  half  pay  for  life,  they 
had  an  undoubted  right  to  make  the  provision.  He  also  said 
tliat  with  an  annually  elected  legislature  he  saw  no  further  use, 
and  probablv  dan^rer.  in  the  county  con\cntion  and  the  like.^ 

How  i)ainful  an  impression  the  anti-comnmtation  disturbances 
made  upon  the  mimK  of  leading  state-men  is  shown  by  a  letter 
written  bv  Madison  to  Randolph  while  the  disorder  was  at  its 
height.  .Madison  said:  "The  .>iip<wition  in  the  N'ew  f'.ngland 
States  t"  t!ic  ur.-mt  of  lialf  i)ay.  instead  of  snb-iding.  has  increased 
to  such    I    leiTce  ns  to  iiroduce  ;diiui-t  a  ;,'ener.il  anarchy.     In 


1  S.:',m  Cit-.-ltc.  S.  |.t    11,   ITKi. 
■■■  A, '(,-.(  .  >■  .'.i/.-  :■!  \    'lii   /(',•/'.!,'.  ' 
■  Wil'-.  /.)/.'  tii.'d  I'ublic   S,>.  :o.( 


ii,  ApinTdix  \i!,  44''-4.'.v 
./  V.;i(!u,'  .Ul.ims.  lii,   ITK.  317  .'10. 


KKVOLUTIONAKN    FM  NSIdNS 


49 


what  sliiipt  It  wul  isbUf  IS  altoi^iiher  uncertain,  lliose  ulio  arc 
inicreslctl  ni  ilic  event  lo.,k  loruarU  uith  \ery  iRHKiiant  appre- 
henM..n.s.  XuilnnK  l>iit  -"'I'lc  C.ntnietital  proviMun  lan  obiani 
fur  tlicni  tins  i<art  ui  ihcir  reward.  "' 

ilowcvcr.  ulnlc  the  iij,'ht  ,tKani>t  coMimutation  ua,>  in  pn.grcbs, 
thi  ineasurr  \\a>  Ijcing  earned  \uu,  ellect.  It  was  K^'ncrally  ac- 
ceptable ti.  tile  army  olnccrs,  wli..  Iiad  icared  thai  iliey  wuuld 
receive  I'.ulhnig  at  all.  By  (Jctol.cr  .^l,  ]7Hi.  ilie  Secretary  of 
War  reponed  that  the  ci>mmutati(.n  had  iKJcn  accepted  hy  the 
lines  of  .New  Hampshire,  Massicliiisetts,  kluKle  Island.  Con- 
ncctitnt.  New  \  ..rk,  \eu  Jersey,  i'ennssjvania,  Delaware,  .Mary- 
land, \  ir^'ini.i,  and  alsu  liy  nnnienni-  separate  cuniinands  and 
iiuluidiiaN-  LnnKress  issued  a  prDclaniatiim  disbandin;,'  the 
army  inmi  ;md   iiter  .XOvemlier  .\' 

In  .settlin-  the  claims  uf  the  otticers,  the  I'aymaster  General 
Kaind  that  the  mniii>er  who  were  entitled  to  halt  pay  or  commu- 
tation was  _',4.Si».  Since  the  Confederation  had  no  available 
funds  to  ..take  payment  in  money,  the  otlkers  received  comnnita- 
tion  certificates,  payable  to  them  or  I)earer  and  drawinj,'  interest 
at  SIX  i)er  cent.'  .\  major  -^enerars  comimitation  amounted  to 
$9.'>f)U:  ;i  colonel's  to  ?4,50O:  a  captain's  to  $_',4(K):  a  lieutenant's 
to  ,'51, (.00:  and  an  ensi>.Ti's  to  $1,200.  There  were  ajjents  ap- 
pointed fi  r  the  several  lines  of  the  army  who  were  char},'e(l  with 
the  re-ponsibility  c>f  delivering;  the  certificates  to  their  owners. 
The  delivery  was  made  earlv  in  1784." 

Soon  further  rau.'^c  of  complaint  arose  amon;,'  the  ot'ticers  by 
rea-nn  of  the  failure  of  the  Confederation  to  pay  the  interest 
on  the  commutation  certificates  or  provide  for  their  redemption. 
Ditrint;  the  peril  k1  between  1784  and  1791  manv  ofificers  were 
driven  hy  necessity  to  sell  the  certificates  for  what  thev  could 
obtain,  and  the  cash  value  of  the  defaulted  securities  s«x>n  fell 


Ml 


*  Letter  of  Soptcmher  8,  178.1.     Mudison  l\ip,-rs.  i,  S~2. 

*  Journals  of  Coiujrfss    (1823  edition),   iv,  .311. 
>  Ihid..  iv,  299. 

*  Reports  of  Committers  (H.  of  R^.  2(1  Sess..  19th  ConR.,  i.  No.  6. 
'House  Do,-.,  ht  Sess.,  19th  Cong,,  1825-6,  viii,  No.  1.15,   16-17. 


ili 


so    FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 


to  twelve  and  a  half  cents  on  the  dollar.  No  effectual  provision 
was  made  for  the  redemption  of  the  certificates  until  August  4, 
1790,  when  they  were  embraced  in  the  operation  of  the  act  for 
funding  the  public  debt  commencing  with  January  1,  1791.  Those 
who  thfn  owned  the  certificates  received  a  three  per  cent  stock 
for  the  interest  in  arrears,  a  six  per  cent  stock  for  two-thirds  of 
the  principal,  and  a  deferred  stock,  bearing  no  interest  until  the 
expiration  of  ten  years — and  then  at  six  per  cent — for  the  other 
third.'  But,  when  this  tardy  provision  was  made,  a  large  share 
of  the  certificates  was  in  the  hands  of  speculators,  and  officers, 
who  had  parted  with  them  for  a  small  fraction  of  their  face 
value,  lost  all  advantage  from  the  s^ttl 

The  officers  who  had  parted  witl 
l)efore  the  settlement  in  179' 
financial  incapacity  of  the  Confe.. 
injustice.  Under  the  newly  estabi' 
brought  their  grievance  before  Conj, 
ants  for  relief  during  nearly  forty  years.  Their  claims  were 
pres.sed  especially  in  1809,  1810,  1819,  and  1825-1827.  In  Janu- 
ary. 1826,  a  House  of  Representatives  committee  reported  that 
delegates  in  liehalf  of  the  surviving  officers  of  the  .\rmy  of  the 
Revolution,  from  the  states  of  Rhode  Island,  New  York.  New 
Jersey,  Pennsylvania,  and  South  Carolina,  had  recently  convened 
in  the  city  of  Philadelphia.  They  had  agreed  to  present  once  more 
to  Congress  a  memorial  "in  hopes  of  obtaining  from  the  n.ition 
that  -eward  for  their  services  and  .sacrifices,  which,  in  their 
opinion,  is  due,  and  which  has  been  withheld  for  a  period  that  is 
loiitj  ami  unreasonable,  and  until  they  have  l)ecome  far  advanced 
in  their  old  age,  the  youngest  among  them  being  within  a  year 
or  two  of  seventy."' 

The  efforts  of  these  aged  survivors  were  finally  crowned  with 


jtation  certificates 

hat   through   the 

had  suffered  great 

d  government,  they 

a    I  were  untiring  claim- 


>  .\ct  of  August  4.  1790,  (/.  S.  Statutes  at  Large,  i,  138. 

'  For  the  ^ake  of  C')ntinuit>'  of  treattncnt,  an  account  of  the  final  settle- 
ment of  these  ''alf  p.iy  claims  is  included  in  this  chapter,  although  it  took 
place   under  the   federal  government  in   1828. 

'II  •us,'  Dnc,  id   Sess..  19th  Cong.,  1826-7,  i.  Report  6,   1-14. 


REVOLUTIONARY  PENSIONS 


51 


success.  President  John  Quincy  Adams,  in  his  message  of  De- 
cember, 1827,  recommended  to  the  consideration  of  Congress 
"the  debt,  rather  of  justice  than  gratitude,  to  the  surviving 
warriors  of  the  Revolutionary  War."'  Congress  responded  by 
the  passage  of  the  law  of  May  15,  1828.' 

The  act  of  1828  granted  full  pay  for  life,  beginning  with 
March  3,  1826,  to  the  surviving  Revolutionary  officers  in  the 
continental  line,  who  had  been  entitled  to  half  pay  for  life  by  the 
resolution  of  October  21,  1780.  Full  pay  for  life  was  also  given 
to  the  noncommissioned  officers  and  soldiers,  who  enli.sted  for 
the  war  and  served  until  its  end,  and  thereby  became  entitled  to 
receive  the  reward  of  eighty  dollars  promised  by  the  resolution 
of  May  I.";,  1778.  Beneficiaries  under  this  service-pension  meas- 
ure were  at  first  required  to  give  up  other  pensions  which  they 
might  be  receiving  under  the  laws  of  the  United  States,  but, 
under  later  amendments,  they  were  permitted  to  retain  invalid- 
p-      ons. 

The  act  of  1828  was  not  at  first  regarded  as  an  ordinary  pension 
law,  and  its  execution  was  entrusted  to  the  Secretary  of  the 
Treasury.  In  1835  this  function  was  transferred  to  the  Secretary 
of  War.  At  the  end  of  1828.  about  850  survivors  of  the  Revo- 
lutionary army  had  l^een  allowed  the  full  pay  for  life."  Privates 
who  had  served  to  the  conclusion  of  the  war  were  included  with 
the  officers,  and  thus  in  the  end  the  distinction  so  obnoxious  to 
New  England  was  removed.  After  nearly  fifty  years  of  inter- 
mittent controversy,  the  half  pay  claims  were  finally  quieted. 

Pension  and  half  pay  legislation  during  the  Revolution  was 
intended  primarily  as  an  incentive  to  enlistment  and  ser\'ice  in 
the  forces  of  the  revolting  colonies.  Invalid-pension  provisions, 
though  poorly  carried  out,  were  in  entire  harmony  with  long 
colonial  precedent  and  were  generally  supported  by  public  opin- 
ion.   They  called  for  but  modest  expenditure.    On  the  other  hand. 


If 


^4? 


-■  ? 


§ 
^ 


'  House  Journal.  1st  Sess..  20th  Cong.,  23. 
'  U.  S.  Stalutrs  at  Large,  iv.  260. 

^Report  of  Secretary  of   Treasury,  Stale  Papers,  2d   Sess.,  20th   Conir 
II,   No.  68. 


1^ 


52    FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

public  oi>inion  in  several  of  the  states  was  very  hostile  to  the 
otticers'  half  pay  legislation.  Colonial  precedent  did  not  warrant 
such  a  gram;  the  iilea  was  muloubiedly  drawn  from  the  provi- 
sion made  for  retired  ott'iccrs  in  the  British  army.  The  sum  in- 
volved was,  for  those  days,  large,  and  many  felt  that  the  officers 
had  taken  unpatriotic  advantage  of  the  critical  condition  of  the 
country-  to  extort  the  promise  of  personal  reward  from  a  reluc- 
tant Congress.  The  thought  of  the  existence  in  the  ci>untr>  atter 
the  war  of  a  privileged  class  of  service-pensioners  was  very  re- 
pugnant to  advocates  of  democracy. 

.\s  we  have  seen,  Washington  wai  a  persistent  and  steadfast 
advocate  of  the  claims  of  the  otiticers.  His  letters  abound  with 
passages  describing  their  privations  and  the  prejudicial  eti'oct  of 
their  service  upon  their  future  prospects.  It  was  in  his  opinion 
not  enough  to  appeal  to  their  patriotism.  The  prosi)ect  of  per- 
sonal reward  was  necessary  to  retain  them  in  the  anny.  If  we 
are  to  judge  by  what  he  wrote,  the  commander-in-chief  thought 
a  great  deal  more  of  what  was  due  the  officers  than  of  what  was 
due  the  soldiers.  To  be  sure,  in  one  of  his  letters  he  maintained 
that,  all  things  considered,  the  privates  had  been  fairly  treated 
as  comjKired  with  the  officers.  But  in  democratic  Xew  England, 
where  the  officers  and  men  were  of  a  social  position  nearer  an 
equal  footing  than  was  the  case  in  the  Southern  regiments,  it 
was  felt  that  there  was  an  obnoxious  disparity  in  the  provision 
made  for  the  two  classes.  Formation  by  the  Revolutionar>  offi- 
cers of  the  secret  and  hereditary  Order  of  the  Cincinnati  served 
to  increase  the  hostility  to  a  settlement  of  their  claims  for  fear 
that  support  would  thereby  be  given  to  a  privileged  aristocracy.' 


'  .Alexander  Johnston,  in  his  Connecticut:  A  Study  of  a  Commonwealth- 
Democracy,  page?  317-18,  takes  a  just  view  of  the  situation  in  Connecticut 
and  other  New  England  st;>»es  when  he  &ays  that  the  people,  "instinctively 
willing  for  national  taxation,  were  moved  by  what  may  seem  an  unreason- 
able jealousy  of  the  Society  of  the  Cincinnati,  and  were  unwillinK  to  sec  a 
national  taxing  power  under  its  control  or  in  its  interest.  For  this,  how- 
ever, there  was  some  excuse.  The  feeling  of  the  mihtary  authorities  toward 
the  privates  of  the  Revolutionary  armies  would  seem  odd  to  men  of  the 
present  day.  To  Washington,  for  example,  it  was  always  the  officers  who 
were  the  'gentlemen  of  the  army';  the  privates  were  food  for  powder,  well 
enough  oflF  with  rations,  clothes  and  glory.     When  'half  pay  for  the  army* 


KEVOLITIOXARY  PFNSIONS  53 

The  history  of  military  pensions  during  the  Revolutionary 
V\ar  deals  with  expenditures  that  seen,  almost  negligible  when 
compared  with  the  swollen  pension  disbursements  of  the  present 
day.  But  the  ex,«rience  of  the  founders  of  our  government  with 
pensions  ,s  worth  knowing,  regardless  of  the  amount  of  monev 
mvolved.  In  a  country  where  invalid-pensions  have  always  been 
willmgly  granted,  there  was  bitter  hostility  to  the  introduction  of 
any  sort  of  service-pensions.  Vet  they  were  sought  with  a  per- 
sistence and  an  organized  elifon  that  has  l,een  rq,eated  more  than 
once  m  .American  history.  The  years  from  1776  to  1789  were 
a  time  of  l^ginnings.  and  to  understand  the  importance  of  the 
pension  question  in  that  critical  period  will  be  of  much  service 
in  unfolding  the  gradual  development  of  the  great  national  pen- 
sion system  unrler  the  federal  government. 

cr'lc    state    h^;  C    "'"'f-  ^"'  "T  '"^^'^  '"  ^'  PopuLr  i7an        ra  dem  , 
nrk,,  >'l<e    Connecticut;    and    it    is    probable   that    her    Revolutionary 

privates  were  as  bitter  in  their  opposition  to  the  Society  of  the  Undnnat^ 
as  those  who  had  not  entered  th^  army  at  all      It  was  not  "thl  olH^l,^!! 

tJir   '''"?•'  •''   ".''""'""  »f'""Sht/but  the  insinc      o?  ,1  mocracj    tha" 
fought  against  caste  distinctions   in  the  aimy.  as  elsewhere." 


*       J  f 


■  ■Aiiji  ^mni.-rsii^jKitm^im  ■mmjim*i. siBt-'/ijWM  , 


i  .1 


CHAPTER  III 
Revolutionary  Pensions,  1789-1878 

Soon  after  the  establis'.iicnt  of  the  federal  government,  Con- 
gress, in  September,  178^,  provided  for  the  continuance  b\  the 
United  States  of  the  in\alid-i)ensions  which,  under  Congressional 
authority,  had  been  granted  and  paid  by  the  states  to  soldiers 
of  the  Revolution.'  This  continuance  was  at  first  from  year  to 
year  but  was  finally  extended  indefinitely  for  the  life  of  the  pen- 
sioners. Through  the  neglect  or  failure  of  states  to  act,  pay- 
ments to  some  of  the  [wnsioners  \  ere  much  in  arrears.  The 
United  States  unden-jok  to  pay  these  arrears  to  March  4,  1789.' 
There  was  not  a  complete  transfer  of  all  military  pensioners 
from  state  to  national  rolls.  Some  individual  states  continued 
to  pay  regular  amounts  to  persons  who  had  been  pensioned  for 
various  cause*-  under  state  laws  and  without  authority  of  Con- 
gress. The  administration  of  the  national  pension  laws  was 
taken  over  from  the  states  and  placed  under  the  supervision  of 
the  Secretary  of  War.  However.  Congress  for  a  long  time  re- 
sened  to  itself  direct  control  over  the  final  allowance  of  claims. 

Under  the  limitations  established  by  the  Congress  of  the  Con- 
federation. December  11.  1/88,  was  the  latest  date  for  presenting 
applications  for  Revolutiorar)'  pensions  with  supporting  certifi- 
cate>  and  evidence.'  Notwithstanding  this  limitation,  the  new- 
federal  Congress  was  beset  with  petitions  from  soldiers  of  the 
Revolution  for  original  pensions  or  increase.  Some  jjetitioners 
had  nejjlected  to  a])ply  within  the  prescriljed  time  limit ;  others, 
unsuccessful  in  the  states,  came  to  Congress  with  their  claims. 
Since  the  time  limit  under  the  general  law  of  the  Confederation 
had  expired,  relief  could  lie  obtained  only  thr  ugh  the  enact- 
ment of  a  new  general  law  or  through  special  legislation  for 

»  v.  S.  Statutes  at   Uirqe,  i,  95. 

^Ihid..  vi,  4. 

^Journah  c/  Cmmrcss  (  1W.1  <dition),  iv,  821. 


'm^w. 


'Ill 


REVOLUTIONARY  PENSIONS 


55 


individual   cases.     Congress   fre(|uently   referred   these  pension 
claims  to  the  Secretary  of  War.  General  Knox,  for  report  and 
opinion.     He  was  in  favor  of  an  adherence  to  the  limitation  es- 
tablished in  1788.     He  also  maintained  that  Congress  ought  to 
supiK)rt  the  decisions  already  made  in  the  states,  saying  that  appli- 
cations which  had  failed  under  all  the  circumstances  of  local 
m formation  and  influence,  even  though  the  provision  was  to  be 
made  at  the  expense  of  the  United  States,  could  not  be  well 
founded.     However,  General  Knox  recommended  that  Congress 
make  exceptions  in  esi>ecially  meritorious  cases.     Had  his  t^oun- 
sels  shai>ed  the  policy  of  the  gov  eminent,  payments  to  Revolution- 
ary mvalid-i^jisioners  would  rapidly  have  declined  in  importance. 
In  March.   1792,  the  numlx;r  of  noncommissioned  officers  and 
privates  on  the  general  pension  list  was  1.358,  none  of  whom 
received  a  pension  exceeding  five  dollars  per  month.     The  entire 
number  of  invalid-pen>ioners  of  all  descriptions  at  that  time  was 
1 .472.    With  no  general  pension  law.  and  with  special  acts  passed 
only  in  exceptional  cases,  death  would  have  slowly  but  surely 
wiped  out  this  .small  list.' 

Congress  before  long  yielded  to  tlie  pressure  of  ai>plicants.  and  a 
new  general  pension  law  for  Revolutionarv  soldiers  was  placed 
on  the  statute  l)ook  March  23,  1792."  This  measure  was  not  long 
in  force,  but  it  is  important  as  the  f^rst  of  a  long  series  of  Revolu*^ 
tionary  pension  laws  pa.ssed  under  our  present  federal  govern- 
ment and  also  as  the  occasion  of  an  interesting  controversy  re- 
garding the  constitutional  functions  of  the  federal  judiciary. 

In  one  of  his  reports  to  Congress.  Secretary  Knox  had  pointed 
out  the  inadetpiacy  of  .-.r  parte  certificates  as  evidence  on  which 
to  base  the  granting  of  pensions.  If  Congress  wishe<l  to  pass  a 
law  on  the  subject,  he  had  suggested  a  method  of  administra- 
tion under  which  distr.ct  judges,  or  other  designated  officers  of 
the  United  States,  should  in  person  receive  the  iK-titions  and  evi- 
dence f-om  the  applicants,  and  should  transmit  the  .same  to  Con- 


5,  'i^Wzi  57    ■'^'"■"'">'  '^""'^'  ''^""■'•'""<  State  Pafers,  Claims.  1790-1823. 
-  v.  S.  Statutes  lit  I.arijc,  i,  24.1 


Si.;- 


r    ^- 


5o    FEDERAL  MII.ITARV  PENSIONS  IN  THE  UNITED  STATi:S 

gress  for  final  decision.'  By  the  act  of  1792  Congress  attempted 
to  put  into  operation  a  plan  of  this  sort.  The  law  impi>sed  upon 
the  circuit  courts  of  the  L'nited  States  tlie  duty  of  examining,  in 
]H;r.-un,  a]>i)licauts  for  i)ensions.  receiving  prescribed  proofs  of 
disabihty  and  son  ice,  and  detennining  the  nature  and  degree  of 
the  disal)ility.  \\  henever  an  applicant  was  found  to  be  entitled 
to  he  placed  on  the  pension  list,  the  court  was  re<|uircd  to  trans- 
mit a  written  report  to  that  effect  to  the  Secretary  of  War  with 
an  opinion  as  to  the  part  of  the  monthly  pay  of  the  applicant 
which  would  be  projwrtionate  to  the  degree  of  disability  ascer- 
tained. The  Sccretar>-  of  War  was  then  to  place  the  name  of  the 
applicant  upon  the  pension  list  of  the  L'nited  States  in  conformity 
to  the  opinion  of  the  court  and  accompanying  certificates.  But 
when  the  Secretary  suspected  imposition  or  mistake,  he  was  em- 
jKiwered  to  withhold  the  name  from  the  pension  list  and  make 
report  of  the  matter  to  Congress  for  consideration  at  the  next 
session.  Thus  each  circuit  court  was  virtually  constituted  a  bu- 
reau for  the  examination  and  allowance  of  pension  claims,  with 
its  decisions  subject  to  revision  by  the  Secretary  of  War  and  Con- 
gress. 

The  power  of  Congress  to  impose  upon  theni  such  duties  as 
those  above  desiriljed  was  promptly  denied  by  the  federal  judges. 
Chief  Justice  John  Jay  and  A  sociate  Justice  William  Cushing 
of  the  Supreme  Court,  sitting  with  James  Duane,  district  judge, 
as  a  circuit  court  for  the  district  of  Xew  York,  sent  in  April,  1792. 
a  letter  of  ])rotest  to  President  Washington  which  they  desirc'l 
him  to  communicate  to  Congress.'  They  asserted  that  the  judi- 
ciary was  a  distinct  and  coordinate  branch  of  the  government 
and  that  neither  the  legislative  nor  the  executive  branch  could 
constitutionally  assign  to  the  judicial  any  duties  but  such  as  were 
pn>[)erly  judicial  and  to  be  perfonned  in  a  judicial  manner.  They 
thought  that  the  duties  prescribed  by  the  act  in  question  were  not 
of  that  description,  since  the  decisions  of  the  court  were  made 


'  .fmcriViiM  Stiile  Papers.  Claims,  1"9(V1R23,  29. 

-Ibid..  \fi.u\'ll,iti,'i>us,  I,  49-53.    See  also  Carson.  .S'M/Ti'mc  Court  of  Vniled 
States.  162-.V 


KEVOLL-noXARV  I'KNSIONS 


57 


subject  to  susiHjnsion  l.y  tlie  Stvret.-.rv  of  War  a.ul  to  revision 
by  the  k-Ki^lature.  L-nder  the  C  oiistitution  neitlier  an  executive 
officer  nor  even  the  legislature  was  authorized  t<»  sit  as  a  ourt  of 
errors  on  the  jucUcial  acts  or  opinions  of  the  circuit  courts  The 
jmiges  ot  the  New  \ork  circuit  were.  ho\vever.  wilhng  to  regard 
then-selves  as  commissioners,  desi^r„ated  by  official  instead  of 
I)ersonal  descriptions,  and  therefore  at  liberty  either  to  ac<-)t 
or  decline  the  office.  As  the  objects  of  the  law  were  In^neyo  ,t. 
they  agreed  to  pass  uiwn  claims  as  commissioners  in  the  same' 
r<x.m  in  which  the  court  was  held,  adj.niming  court  for  that 
puriwse  for  short  periods  durinp  the  session. 

In  June  the  judpes  of  the  \orth  Carolina  circuit  also  expressed 
the  opinion  that  the  court  could  not  execute  the  recent  pension 
act^  They  were  inclined  to  consent  to  act  as  commissioners 
although  they  expres.sed  doubt  whether  they  were  warranted  iii 
doing  so.'  .Associate  Ju.stice  Iredell,  who  was  one  of  the  judges 
on  the  .Vorth  Carolina  circuit,  had.  by  the  fall  of  1702.  become 
reconciled  to  the  ,)ropriety  of  transacting  invalid-pension  busi- 
ness out  of  court.' 

The  Pennsylvania  circuit  court,  consisting  of  .\ssociate  Jus- 
tices Wilson  and  RIair  and  District  Tudge  Peters,  took  an  un- 
compromising  position  regarding  the  pension  act.  Their  objec- 
tions tr.  the  measure  were  similar  to  those  made  by  the  judges 
of  the  New  York  circuit:  but  they  did  not  offer  or  consent  to 
ser\'e  as  commissioners.  In  fact,  on  .April  11,  1792.  they  refused 
to  proceed  upon  the  petition  of  William  Hayburn,  an  applicant 
for  a  pension  under  the  act  of  1702.  The  reasons  for  their  re- 
fusal were  explained  in  a  letter  to  the  President  tinder  date  of 
April  18.  in  which  they  said  that  the  assignment  by  Congress  of 
duties  to  the  judges  as  provided  b^  the  pension  act  was  contrary 
to  the  Constitution.^  Thus  it  is  reasonable  to  assert  that  the 
Pennsylvania  circuit   court   in   this   case  declared   the   invalid- 


« 


■  i)| 


m 


I 


:i^ 


»  American  State  Papers.  Miscellaneous,  i.  52. 

»  McRef.  /,./.•  a»d  Corresfondence  of  James  Iredell,  ii.  361 

"Amencan   State    Pufers.   Miscellaneous,   i,   51. 


'W. 


ii. 


58    FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

pension  act  of  1792  unconstitutional,  affording  the  first  instance 
of  the  nullifying  of  an  act  of  Congress  by  a  federal  court.' 

Because  of  the  refusal  of  the  Pennsylvania  circuit  court  to 
proceed  under  the  act  of  1792,  Attorney  General  Randolph,  at 
the  Aujjust  term  of  ihe  Supreme  Court  in  that  year,  made  applica- 
tion fur  a  w  rit  of  mandanvus  directing  the  Pennsylvania  court  to 
pass  upi>n  the  case  of  William  Hayburn/'  The  Attorney  General 
at  first  made  his  motion  ex  officio,  with  a  view  to  prcKuring  the 
execution  <>i  an  act  of  Congress  particularly  interesting  to  a 
meritorious  and  unfortunate  class  of  citizens.  .\  divided  court 
held  against  his  right  to  i)roceed  ex  officio.  He  then  changed  the 
ground  of  his  interptjsition,  declaring  it  to  lie  at  the  instance  of 
Haybun',  a  party  interested.  .After  he  had  presented  his  argu- 
ment, the  court  announced  that  it  would  hold  his  motion  for  a 
writ  of  mandamus  under  advisement  until  the  next  tenn ;  but  no 
decision  was  ever  i)ronounced,  as  Congress,  before  the  next  term 
of  court,  ])rovided  in  another  way  for  the  relief  of  pensioners. 
Chief  Justice  Taney  referred  to  this  case  in  his  opinion  in  U.  S. 
7:  Fcrrcira.  decided  at  the  Decemljer  term,  1851.  He  considered 
that  the  question  before  the  court  in  the  mandamus  prcx-eedings 
was  whether  the  jwnsion  act  might  not  be  construed  as  conferring 
p^jwer  on  the  judges  personally  as  commissioners.  All  the  judges 
of  the  Supreme  Court,  except  one,  had  already  expressed  opinions 
in  writing  that  the  pension  act  prescribed  duties  for  the  judges 
which  could  not  l)e  carried  out  as  a  judicial  power."     However, 

'  Prfifissiir  Max  larrand  c.-ills  the  refusal  of  the  Ptnnsylvania  circuit 
cf.iin  to  proceed  \x\mn  the  petition  of  William  Hayt)urn  "The  First  Haybum 
Case"  as  distinguished  from  the  later  application  for  a  mandamus  writ 
(in  lielialf  of  Ha>liurn  before  the  Supreme  Court.  In  an  article  in  the 
.htirri,i;ii  Ihstrrual  RiZit-:<.  xiii.  281.  Professor  harrand  pre-cnts  the  liis- 
torical  eviilence  in  fa\Mr  of  the  assertio"  'hat  this  was  the  first  case  in 
which   a   federal   court   declared  an   act   ol    Ci'nKfcss  unconstitutional. 

-  Hii\bunis  Casf,  2  Dallas,  409.  In  Curti*.  Rcforts  of  Dt-cisUms  iii  the 
Sufrcmc  Ci'urt  of  the  I'nitid  .S/o/ci,  i.  8. 

Chief  histice  Taney  said  (T.  .V.  j.  /'i-rr,  iru,  1.1  Howard,  50):  "These 
opinions  (of  the  various  circuit  courts],  it  appears  by  the  report  in  2  Dall., 
were  all  communicated  to  the  President,  and  the  motion  for  a  tnandantus 
in  Hayburn'^  '  e.  at  t!ie  next  term  of  the  supreme  court,  would  seem  to 
have  been  ma  .<■  merely  for  the  purpose  of  haviuR  it  judicially  determined  in 
this  court,  wlicther  the  judges,  under  that  law,  were  authorized  to  act  in  tlie 


4 


RKVOI.L'TIONARY  rKNSIONS 


59 


the  Supreme  Court  does  not  apfjear  to  have  declared  formally 
that  the  act  of  1792  was  unconstitutional. 

Claims  under  the  act  of  1792  were  passed  ujwn  by  some  of  the 
judges,  styling  themselves  commissioners.  When  Congress 
pas.sed  a  new  i)ension  law  in  I-'ebruary,  1793,  it  directed  the  Sec- 
retary of  War,  in  conjunction  with  the  Attorney  General,  to  take 
such  measures  as  might  be  necessary  to  secure  from  the  Supreme 
Court  an  adjudication  of  rights  to  pensions  claimed  under  the 
determination  of  the  .so-called  commissioners,'  To  test  the  (|ue.s- 
tion  Attorney  Ceneral  Randolph  applied  to  the  Supreme  Court 
at  the  .Xugust  term,  1793,  for  a  writ  of  mandamus  directing  the 
Secretary  of  War  to  place  upon  the  pension  list  one  of  those  who 
had  been  approved  by  judges  acting  in  the  character  of  commis- 
sioners. A  decision  in  this  case  would  have  involved  all  the 
others.  Two  of  the  judges  of  the  court  expressed  a  disinclina- 
tion to  hear  Randolph's  motion  on  iiehalf  of  a  man  who  had  not 
employed  him  for  that  jjurpose.  Thereupon  Randolph  thought 
it  best  to  waive  the  motion  until  some  of  the  invalids  themselves 
should  speak  to  counsel.^ 

At  the  temi  of  the  Supreme  Court  in  Februan,'.  1794.  William 
Bradford,  who  liad  l>ecome  .Attorney  General,  arranged  to  have 
a  case  brought  before  the  court  to  test  the  validity  of  the  adjudi- 
cations of  the  socalled  commissioners.  On  May  23,  1792.  Vale 
Todd,  a  Connecticut  claimant,  had  appeared  l)efore  the  judges 
acting  as  commissioners  at  New  Haven.  They  transmitted  a 
report  to  the  Secretan,-  of  War  that  he  ought  to  be  placed  on  the 
pension  list.  He  was  placed  "U  the  list  and  received  $172.91 
pension  and  arrears.     The  .\ttome\-  Genera!  arranger!  to  have 

character  of  commissioners.  For  every  jikIkc  of  the  court,  except  Thomas 
Johnson,  whose  opinion  is  not  Riven,  had  formally  expressed  his  opinion  in 
wrjtinK,  that  the  duty  imposed,  wlien  the  d.  cision  was  -^uhject  to  the  revision 
of  a  secretary  and  of  coii^re^s.  coidd  not  he  executed  hv  tlie  court  as  a  judi- 
cial power;  and  the  only  question  upon  which  there  aiipears  to  have  been 
any(lifTerence  of  opinion,  was  whether  it  mi(,du  not  he  construed  as  con- 
ferrniR  the  power  on  the  judges  personally  as  commissioners." 

'  I',  .v.  Statutes  lit  Liiriic.  i.  .^24. 

-  .Uncnoi,,  Sl„t,-  I'l.frs.  U,.f ,■,■//,„„•,,«,  i.  78.  Letter  of  Edmund  Randolph 
Attorney   deneral,   to    H.    Knox,   Seiretary   of   War. 


f  I 


60    I-K-DFCRAL  MII.1TAR\   FM'.NSloNS  IN  THK  t'NITM)  ST.Ml  S 

suit  brought  against  Tixtd  for  the  amount.  It  was  agreed  that 
if  the  judges  had  |K)\vcr  to  act  as  cummissioners,  the  verdict 
sliDuld  1k'  for  linld.  li  tliev  1i;h1  iin  such  |xnvcr,  the  verdict 
shnuld  he  for  tlie  I  nited  States.  Tlie  case  was  dcci<led  against 
Tirtid,  thus  determining  tliat  the  judges  couhl  not  .ict  as  cotiuiiis- 
sioiicrs  under  the  pension  law  of  17^)2.'  Hut  thi.s  decision  did 
not  deal  with  tlic  more  im(K)itant  question  of  the  constitu  ion- 
ahty  of  the  law.  The  oidy  decision  based  upon  the  unconstitu- 
tional character  of  tlie  act  was  that  of  the  i'ennsylvania  circuit 
court  upon  the  original  application  of  William  Hayburn.  The 
opj)Osition  of  the  federal  judiciary  to  the  provisions  of  the  i)en- 
sion  law  of  1792  was  an  imix)rtant  and  early  step  in  the  assertion 
of  the  exalteil  i)ositii>n  of  what  has  grown  to  lie  the  most  inde- 
l)endent  judicial  ixxly  in  the  world. 

Congress  yielded  to  the  objections  of  the  judiciary  in  the  act 
of  I'ebruary  8,  1793,  which  repealed  the  objectionable  section: 
of  the  act  of  179J  and  established  new  regulations.''  Federal 
judges,  however,  still  jilayed  a  part  in  the  pension  administration. 
Ail  evidence  relative  to  applications  for  invalid-pensions  was  to 
\t€  taken  upon  ath  before  the  judge  of  the  district  in  which  the 
a|>plicant  resided,  or  before  any  three  persons  commissioned  by 
the  judge.  Claimants  were  re.juired  to  pro\e  decisive  disability 
resulting  from  known  wounds  rcceive<l  while  in  actual  line  of 
duty  in  the  service  of  the  I'nitci!  States  during  the  Revolution- 
ary War.  F.ach  district  ji:  ige  was  directed  to  transmit  a  list  of 
claims,  accompanied  by  all  required  evidence,  to  the  Secretary  of 
War  for  compnris(rn  with  the  muster  rolls  and  other  d.-xniments 
in  his  ofllce.  'i'he  So  retary  w  as  then  to  make  a  statement  of  the 
cases  to  Compress,  which  reserved  to  itself  the  final  action  in  the 
allowance  ><i  rlai'iis.  It  will  l>e  noticed  that  the  act  of  1793  inv 
pospfl  r,f>  duty  of  makiny;  a  decision  upi>n  the  judges     The  district 


'  .Imrriran  Sidle  I'ctfrrs.  .l/i.vci'//(iHiV'MJ.  i.  78  Report  of  Altorii'V  (Icneral 
William  Bradford  to  tlie  Secretary  of  War.  .M-so  ^ee  Viiiu-d  Stulis  :■.  i'alf 
Ti'dd,  1.^  Howard.  .i2-.S4.  This  case  was  not  printed  when  ori^jinally  lUcidcd. 
Frliriiary  17,  17'M.  Im*  is  set  forth  in  .i  ni>te  hy  the  Chief  Justice  appended  to 
Vniled  Stales  7 .  Fcrreira.  1.^  Howard    5<V 

»  ('.  ,9.  Slaluli-s  at  lanj,-,  i,  324. 


I>K\()LI     lON'ARV  l"i:\SIONs  51 

ju.l«e>.  ..r  i,fr>u„s  .„mn,iss,.,ncd  1,  the.  mutcIv  i„.,k  ilic  cvi- 
clciuc  MiXMi  oath  an.l  transnmtcl  it  i..  tht-  Sctrctan  ni  War  for 
inrilK-r  an,,,.,.'  \.,  dain,  mule,  il.c  act  ut  17V3  ui^s  t..  1« 
ulloucl  unless  pre  n.te.I  u„h.„  iu„  ^,,,r-  irutn  ,is  ,>a.ssaKe 

1  iie  tv„le.Ke  it,  s,.j,p„rt  „i  .nai.y  of  the  ,,p|,Iieatio„s  „„.ler  this 
aet  was  Nery  .lereeti  v.  Mnxer  r,,|ls  .vere  lu„.  an.l  the  proof  in 
""-t  ^-..^es.  tie,  u.le.l  solely  upon  the  alll<l,,v,ts  pro,i.he<!  In  the 
elainwiius.  .\>  pruvi.Ied  by  the  law,  the  Secretary  of  \\  ar  trans- 
HMtte,!  to  C.MiKress  lists  ,.,  ,he  claitnants.  In  one  insta.,ce  Co,,- 
{,'ress  ^'ranted  |.e-nsions  to  all  persons  included  in  the  Secretary's 
report  uhon,  he  ^houhl  lli.d  to  have  clearlv  established  their 
Ha.n.s.-  !„  act.n.i,'  u|H>n  later  lists,  i  onj^res.  siRTificallv  named 
each  ,nd,v.dual  to  who,n  a  pension  was  ^:ra„te,l.  to^rether  w,th 
tlu-  rate  at  «h,ch  he  was  to  !,e  paid.^  A  full  ,«,ns,o„  for  a  non- 
o'n.nuss.on,  d  olla-cr  or  private  soldier  was  f.xed  at  ti^e  .loll.rs 
IK-r  month.  .,nd  for  a  commissioned  (,fV,cer  at  <.ne-hali  <.f  his 
monthly  ()a\. 

'n  view  of  the  later  history  of  the  iK.-nsion  svsiem,  it  is  worthy 
"t  note  that  there  uere  claims  ,„ade  under  the  act  o;  17^)3,  fo'r 
arrears  of  pensi..ns,  l,ut  a  con;;ressionnl  committee  iuvesti-ate.! 
the  matter  and  rq.Tted  unf;,yorably  in  ir"5.  u  nvo,T„„ended 
tliat  Kns,ons  commence  at  the  completion  of  testi..  onv  .nnd  con- 
tmi.e  (hirm^,.  disability.'  .\fter  iKfin-  admitted  to  the  ,K'nsio„ 
roll,  mvahds  received  their  alloxvances  thrcniRh  agents  for  j.av- 
my  iH.-ns,<,ns  located  in  ti,e  various  states.  Prior  to  IXOf)  the 
average  annual  exiK-nditure  for  Revolutionary  invalid-pension, 
was  considerably  less  than  one  litmdred  thousand  dollars. 

Xo  im,)ortant  alterations  in  the  existin-  pens„,n  laws  -vere 
made  until  18(..V  There  seems  i  .  have  prevailed  a  laudable  dis- 
position to  f^ntard  the  interests  of  ,he  ^oveniment  a-ainst  claims 


M 


•iMir  examples  ,.f  such   lists,  .ee  .-Im.-ruao  ,^.•,,/,•  f'.ifcr' 

■  I      S.  StiUuIrs  .It  /,,jr,,v,  i,  ^<^2. 

Tor  example,  ••ee  a>  t  nl  ,\pnl  Ji),  IJi*,.  ,^,|j     j    45.4 

*  Am<-ruiin  Stair  I'af'i-rs,  Claims.    !*.. 

•-Ib,d..  /•„.„„,,■.  ,.  «,2.     .Ms.,  see  /'^  ,/'.    M.s.cllanc.  u 


urns.  85-128. 


?*^S 


62    IKDKRAI.  MII.ITAkV  J'F.NSIONS  IN  THK  UNITKD  STATI'S 


of  an  unreasonable  or  fraudulent  character.  On  a  i»ro|x>sition 
in  17^i8  to  amend  the  laws  resinrctinR  invalid-iwnsioners,  the  Com- 
mittee on  I  laims  of  tlie  House  of  Representatives,  after  review- 
ing; the  course  of  pension  iejjislation  to  that  ilate,  reiKjrted  that 
"the  provisions  heretofore  made  for  admission  of  claims  of  this 
nature  have  i)een  as  extensive  as  the  principles  of  justice,  e<|uity 
or  fjood  [xAky  reipiired:  and  that  it  would  not  Ije  expedient  to 
make  any  alteration  in  the  existing'  laws."'  Such  views,  how- 
ever, did  ni>t  lonK  prevail.  In  1795  the  act  of  17''.?  expired  and 
left  the  statute  lKM)ks  for  some  time  without  any  general  provi- 
sion for  the  further  adunssiim  of  Revolutionary  jMrnsion  claims. 
The  solicitations  of  claimants  continued,  and,  in  1803,  Congress 
was  prevailed  ujKjn  to  enact  a  new  invalid-pension  law.'  Rates 
remained  as  under  the  act  of  17')3.  and  the  method  of  adminis- 
tration was  much  the  same.  The  most  important  chanjje  in  pro- 
cedure was  the  endowing  of  the  Secretary  of  War  with  the  power 
of  final  decision  in  the  allowance  of  claims. 

The  law  of  1803  was  follow  e<l  l)y  a  supplementary  act  (/f  1805 
extending  the  benefits  of  the  pension  law  to  those  who,  in  con- 
se<iuence  of  known  wounds  received  in  the  military  service  during 
the  Revolution,  had  at  any  peri..  .  since  the  war  become  and  con- 
tinued disabled  so  as  to  render  thetn  unable  to  procure  a  sub- 
sistence by  manual  labor.*  is  opened  the  way  for  the  tracing 
of  the  ills  and  disabilities  of  later  life  to  wounds  from  which 
the  claimants  had  apparently  recovered.  Such  legislation  is  inter- 
esting as  the  forerunner  of  similar  provisions  which,  when  later 
apjtlied  to  service  in  the  Civil  War,  were  both  open  to  great 
abuse  and  cxcecdinply  ci>stly. 

Invalid-iiension  legis'ation  on  t)ehalf  of  soldiers  of  the  Revo- 
lution reache<l  its  most  comprehensive  form  in  the  act  of  April 
10.  18(Vi.'  and  supplementary  jirovisiuns.  This  measure  repealed 
all  former  enactments  for  the  relief  of  Revolutionary  invalids 


'  Amcriian  Statr  Vaf-rs,  Claims.  216-8. 

•  V.  S.  Statutes  at  I.ariic,  ii,  242. 
»  Ihid..  ii.  MS. 

*  Ihtd..  ii.  376. 


'^ff^vA^ 


KK\Ml.l   lioWRv   I'l  NSIoN.S  ^,5 

ami  iMTcaJnc  the  fmulainental  ,>rov,Mo„  u,M,n  vvh.cl.  the  iH:nsiun 
claims  uf  M.ch  invalid.  sNcre  therealtcr  base<l.  It  did  not  of 
course,  allect  pensions  already  granted.  W  ithin  its  scope  were 
included  all  the  classes  of  claimants  previously  provided  for.  ami 
m  adduiun.  all  volunteers,  militia  and  state  troops,  who  had 
serve<l  agamst  the  common  enemv  during  the  war.  Disibilitv 
must  have  iK-en  the  re  t  .,f  known  uounds  received  in  the  line 
ot  duty,  an.l  n.u^r  „  suj,  a.s  to  ren.lcr  the  applicant 


whcJIy  or  i^irtin'  . 
labor.     Desertii), 
evidence  and       -n, 
laws  of  17m.''       !  ;,- 
to  itself  tha    , 
sion  list  wl"'      ,ail  ! 
the  act  of     -  ', 

and  each  [K-ns.   ,i 
of  the  testimony.     ' 
in  accordance  with  \ 


)ll-    to    ? 

•i     ai    I       .  t 


'  It 


Ml 


a  subsistence  by  manual 
The  meth.Hl  >>{  taking 
lilar  t'.  that  under  the 
;r,  once  mure  reserved 
•cing  names  .^n  the  jien- 
'    '  '    t  e  Secretary  of  War  under 
•:  •  'i''-'  s,mi.  as  under  previous  laws. 
-•i     ■■'■■  .he  dote  of  the  completion 
.'>^i      he    fgulations  were  established 
,     ,,  "^'''*        ^f  I>ension  might  be  granted 

by  Congress  m  cases  uuere  justice  re.|uired.  but.  with  the  in- 
crease added,  no  more  than  a  total  disability  rate  might  \ye  paid 
The  operation  of  this  law  was  limited  to  six  years  from  the  date 
of  Its  passage. 

In  carrying  out  the  act  of  1806.  Congress  passed  a  series  of 
laws.  f>ensioninK  long  lists  of  claimants  at  vaning  rates  per 
month.  On  April  25.  1808.  a  measure  of  this  character  was 
passed,  containing  a  .section  which  completed  the  assumption  by 
the  Ln.ted  States  of  the  payments  to  all  the  Revolutionary 
invalid-,)ensioncrs  rcmainmg  on  the  rolls  of  the  states  ■  This 
included  all  such  persons  whether  their  di^abilitv  was  incurred 
on  land  or  sea.  in  the  service  of  the  Inited  Stv^es  or  of  anv  par- 
ticular state,  in  the  regular  army,  militia  or  -lunteers.  When 
the  act  of  180f,  expired  by  limitation  in  IS.,  it  vva.  renewed 
and  contmued  m  force  for  six  years  bv  the  act  of  .\pril  25  181 ' 
It  was  aftervsards  revived  f.r  one  year  by  the  act  of  May  15. 

'  i'.  S.  Statutes  at  Large,  ii,  491. 


64     FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

1820,  ami  lor  iKjritxls  ul  six  years  each  by  the  acts  of  l*'cbruary 
4.  182J,  aiul  May  24,  1828.'  Tlie  later  renewals  were  s  l>ject 
Id  ajiier.dments  which  had  been  made,  and  whicli  will  be  men- 
tiotietl  in  due  time. 

Hejjinning  with  1816  tlie  cmulition  of  the  federal  Treasury 
was  unusu.illy  favorable  to  tlie  expansltm  of  pulilic  exi)enditures. 
Dnrin},'  the  War  of  1812  the  Liiitcd  States  had  borrowed  more 
nu>iie_\  than  was  really  needed.  Xew  internal  revenue  taxes  had 
been  levied  in  1814,  and  the  liejjinning  of  1816  found  the  Treas- 
ury with  the  larj^est  credit  balance  since  the  orjijanization  of  the 
j,'overninem.'  .\  projKisition  \\a>  nntn  j)ut  forward  to  use  some 
of  the  surplus  funtls  to  increase  the  rates  paid  to  invalid- 
jK-nsioners.  In  supjx>rt  of  the  inca.sure,  it  was  said  that  the  cost 
of  livinjj  had  increaj^ed  and  that  invalids  should  have  enough  to 
>up|K)rt  themselves  "plentifully  and  comfortably."'  An  increase 
law  was  speedil)-  i>assed  on  .April  24,  181(),  raising  the  rate  (jf 
full  jK-nsion  for  a  ])rivate  from  live  dollars  to  eight  dollars  per 
nioiitli.^  I'ensions  of  tirst  lieutenants  and  commissioned  offi- 
cers Ik-Iou  that  grade  were  also  increased  to  the  extent  of  two 
or  three  dollars  a  month.  The  act  applied  lK)th  to  those  already 
un  the  rolls  and  to  persons  who  shoidd  thereafter  he  granted 
[>en-i(>ns,  .Xbout  tlie  time  (jf  the  passage  of  this  law,  the  L'nited 
States  was  exiK'iKling  .inmially  i*^  1 20,0(X")  for  |»ensions.  There 
were  185  orticer^  :uid  1,572  noncommissioned  officers  and  sol- 
iliers  of  the  Kevohitionary  anny  on  the  roll  of  invalids,  and  52 
orticers  and  .S')l  soldiers  who  had  l)ecome  disable<l  since  the 
devolution,  making  an  aggregate  of  2.2iXi  i)ensioners.'^  It  was 
estimated  that  the  act  of  18Ui  would  increase  the  annual  expen- 
diture for  ]H-iision-;  to  alniut  two  hundred  thousand  dollars,  in- 
chidiiii;  the  claims  allowed  on  .•itvonnt  of  the  W'.ir  of  1S12. 


'  r,  .V.  .S;,i(u/,-.t  ,if  l.ti'iir.  ii.  718;  lii.  S'X>.  O.SO;  iv,  ,i<l7. 

-■  Dcwt-y,  I  mancuil  History  ,./  llu-  Inilt-d  Sliiles   (lOOJl.  142  ami   f'llowinw. 
'  Report  (it   Ilciiisc  I.I   Ri;ir<s(iilative-  tnimiiittn   i.n  IVnsions  ami  Rivnlii- 
tionary  Claim-..  .  (mrii.uii  SUili-  I'uffrs,  Claims.  47,1 -474. 
♦  I '.   S    StillutiS  III    /.(ir.;(-.  iii.  J)*!. 
».4m.-ni.i«  S(ii/,-  /'ij/'f'-.'.  (Vdim.r.  47.M74. 


KEVOLLTIOXARY  PI-NSlONS 


65 


The  increase  granted  by  the  act  of  1816  proved  but  a  light 
burden  upon  tlie  swelling  revenues.  The  flood  of  imports  from 
England  following  the  War  of  1812  enormously  increased  the 
customs  revenue  in  1816.  during  which  year  a  distinctively  pro- 
tective tariff  was  enacted.  l-Istimates  liad  been  made  that  the 
customs  revenue  for  the  year  would  I^  thirteen  milhon  dollars 
but  the  actual  returns  from  this  source  amounted  to  thirty-si.x 
million  <l„llars.'  Though  the  revenues  were  somewhat  less 
swollen  in  1817.  that  year  was  also  unusual  in  its  yield  Such 
c.ui.litK.ns  of  Treasury  surplus  r>aved  the  way  for  the  introducton 
in  (-ur  federal  pensi(.n  system  of  service-jjensions. 

In   his  message  of   Decenil)er.    1817.    President    Monroe  "in 
contemplating  the  happy  situati-ai  of  the  I'nited  States"  drew 
the  attention  of  Congress  to  the  services  of  the  Revolutionary 
snl.liers.  of  whom  he  thought  the  survivors  were  few.     Some 
were  reduced  to  indigence  and  real  distress,  and  he  a.skcd  that 
pn.visi.m  Ik."  ma.le  f.,r  them."'     (ieneral  BKKimfield  of  New  [ersev 
prnmptly  reiK>rted  to  the  House  of  Representatives  a  bill  desi-med 
to  comply  with  the  President's  recommendation.    In  the  extended 
debates  on  this  measure,  there  was  shown  to  be  a  wi.le  diversity 
ot  opinion  in  Congress  regarding  the  proper  nature  and  s.-.,,x- 
of  pension  legislation.     The  law  as  finally  enacted  was  ,mite 
different  from  the  original  bill.     In  l,„th  houses  there  were  .1- 
n.led  majorities  in    favor  of  the  passage  of  a  servire-penM,,,, 
law.  but.  as  to  detailed  provisions,  there  was  lack  of  .•.-roemom 
Some  wished  a  measure  ba.sed  solely  on  a  scnice  re.|uircmeni  • 
others  adv(K-atcd  a  provision  based  upon    'service  and  pox.rtv  " 
Ihere  was  no  definite  knowledi^c  ns  to  the  probable  mimlH-r'ot 
applications   wliich   wr.uM    foll-^w   the  pas,s.nge  of  ,Ih-  pro,.wed 
law,  nor  had  i<s  adv.x-ates  aiiN   cmu-eption  of  its  pmhahle  cos, 
Such  estimates  as  they  attempted  proved   ridi.nlo.isK    sn-all   in 
the  light  „f  later  ex,K-rience.'     TW  supporter,  of  the  mcwure 


I*'' 


■  .lin-.i'.r  rf   '.  ■,.)i,;r,>,     1,.    S(>-, 


pi, 


■'  Iti  ilu-  .'<iii.li. .  r;,,|,ij„ 


t'.iiir^  nni!cr  Iji- 


■   I'ltitr, 
111    ("on 


l«l/"-lKl.H.  i     II). 


'    iiyh   ,.1    M  ii\lai;.|   ,  Mim.iii 
>'   -lie  l.irw.  -t.   U-.  tlnm   mKi 


I   tlic    niitnl>ir 


'm^**! 


66    rK'M:HAL  MIMIAKV  PKNSIONS  IN  THK  I'MIKD  ->r  Ml  S 

piiiiUcd  complacently  to  the  siiq)lus  in  the  Treasury.  The  bur- 
den of  their  arj^ninent  was  eulogy  nt  the  Revolutionary  soldiers, 
l>r;iise  of  their  services,  descriptions  of  the  privations  they  had 
uinlergone.  and  an  api>eal  to  the  jjratitude  of  the  cmintry.  "Let 
us  show  the  world  tiiat  Republics  are  not  un^ateful,"  said  one 
of  the  si)eakers.  Another  ai)[)ealed  ti>  Congress  thus:  "I'ennii 
not  hill!,  who.  in  the  pride  >i  vigor  and  youth,  wasted  his  health 
and  shetl  his  1>1o(h1  in  freedom's  <-ause,  with  ilesponding  heart 
aii<l  palsied  limbs  to  totter  from  door  to  door,  bowing  his  yet 
untau'ed  soul  to  meet  the  frozen  bosom  of  reluctant  charity." 
In  the  .'senate  the  ]>ro|x.sed  ser\  u-c-]>ension  act  met  with  strong 
opfvisjtion  i>n  the  part  of  the  minority.  Senator  William  Smit! 
of  Soiuh  t  ar>'lina  asserted  that  the  bill  was  a  way  to  get  riti  r  \ 
little  money  iii  the  Treasury  not  immediately  wanted.  !  .•  o|>- 
jkKed  a  -IT .  ui'-|R'n-.!on  pro\  ision  oti  princi])le  and  ijuestioned  iis 
constitmii'i!alit\  '\>>  <h'>sc  who  •-u)>ported  the  measure  trom 
sentnneii!.  he  ^.lid  that  '  "d  feelings  were  a  miserable  guide  to  a 
legislat  r  I  lu  follow  m>;  extract  from  his  speech  is  prophetic 
in  the  b-lit  of  later  ex|ierience: 

\-  .lit  .in^'umeiit  it  would  a|>i>ear.  t(^  a\iiid  an  inquiry 
iiH"  t'le  piniirictv  I  -  tlii>  measure.  \\e  arc  told  -.uch  a  case 
c.ui  iUMT  h.ipixTi  a-ain-  that  vmi  can  iie\  er  have  another 
l\e\oliition  irv  \\  ar  \\  ill  not  those  brave  men  who  fought 
\  ur  ii.i  ■^.•^  ami  irinm])hed  --o  ijailantly  over  the  enemy  at 
(  bipiHfvva,  riatt^lmrg,  I'.rie,  Chaniplaiu.  Orleans  and  on  the 
^e.i-.  have  the  sime  claims  ii|K)n  their  country  some  thirty- 
t'lve  vear-  hence,  when  lime  shall  have  thrown  a  veil  over 
all  tin-  miiuite  circumstaii-c-.  .lud  it  >h;ill  U-  forgotten  that 
the\  retired  fmm  the  army  with  reluctance,  after  l)eing 
aliundam'     paid  and  abundantU  honore<P 

Their  il.nni  will  be  as  great,  and  the  precedent  you  are 
al>. .lit  to  ni.ike  will  Ik>  f  Ilowed.  ( )ue  army  you  say  gained 
vour  iudeiiendetne.  .tnd  the  other  ha^  given  it  a  new  charac- 
ter, and  made  it  worth  maintainiiii:  They  have  released 
vour  countrv  fn>iii  its  degrade-l  state  of  impressments. 
l);il)er  Ithnkades,  ro\al  orders  in  council,  and  imperial  de- 
crees, ,-ind  LMven  it  a-  br^di  a  grade  m  the  scale  of  nations 


Jtmk.JM^dm^Jbnim^' 


Ul\i)].[    i 


■N'ARV  I'KNSIONS 


67 


a-^  v„nr  aul..,>^,ule„ce.     Tl.i.  will  l>e  the  In'^Mnrmi^  of  a  n„l,- 
tarv  ,K;nM,,n  sy.ten.  u  huh  posterity  may  regret.^ 

The  ,„nc-  ,.f  Senator  Smith'.  u„r<is  >s  felt  whet,  we  ren,em- 
her  that  scrvue-,.e„sion  laus,  „,.,re  ..r  le.>  hmited,  have  lH.-en 
IM>^e.i  ,M,  ,uvnn„t  of  the  War  ,.f  ISlJ.  ,he  MeN.can  War  the 
iM.l.a..  W  ars.  a.ul  the  f.v.l  U  ar  [)„r,n,  the  ( Vmiederatio,'.  the 
^rantmK'  -.  servK-e-,.ensio„.  ,n  Revul„,„„u.rv  o.„eers  for  life 
na<I  k-en  ..  i.itterly  op,>ose,l  tha.  the  pavn,...,„  of  a  lun.p  sun,  a> 
«.mnnuat,o„  „as  agreed  u,.>n  in  eompn.m,.-  H„,  ,),,  pre,  edettt 
or  serv,ce-,,enM..ns  was  h.tally  estai.P.he,;  n,  the  case  ...  the 
ivevol„t,M,ary  M-kliers  in  1818  and  ha.  a..,  ,he  national  Treas- 
nrv  manv  h,u„lreds  of  nhllions  of  dollar-  „,  i,.  ...  ph.-a,,,,,,  „, 
our  other  wars, 

Wli.Ie  .he  lau  of  1818  passe,!  the  llon-e  „,  l-lepresen^.- 
>nes  u„h,.„t  d.VKion.  its  scop..  ,vas  conM<iera!>lv  l„n„ed  '  v 
a.nen.h.ent.  ,„  ; he  Senate.  It  provided  that  .verv  .er.o,,  wh 
had  served  in  the  Revohuiunarv  War  nntil  it.  .jo.e  .,■  •  .r  ilu 
t.T,.,  ...  „„,e  „).n,h.  or  |n„,er  at  anv  period  of  ,he  v,-,r  m  the 
^  .."t.nental  eMahhshn.ent  ..,•  ,„  „,e  navv,  and  who  wa.  .  re.,dent 
nt,.en  of  ,he  I  nited  State,  and  uas  l.v  reas„„  of  !,,.  re.hu-d 
nre,„nstanee.  ,n  h  f e  "i,,  need  :  ass.stanee  ,ron,  h,.  ,  o„ntrv 
»--  -M'l-rt/'  should  reee.ve  a  u-nsio,,  The  rate  for  ottieers 
was  .SJ)  per  n,o„,h.  an.l  for  none  .,nnnss„„u-d  ,„iieers  ,,r  pnvates 
|>^  lH;r  nuMUh.  dunn^  life,  X.  ..erson  wa.  ent,-ed  to  recede  the 
!-^h,,  o,  ,1,,  ae.  nntd  he  .honi.ha.e  rein.n.dted  Ins  chum  to 


e\erv  pension  heretofore 


allowed  Inni  In    ihe  la 


M.i!.-       In   .idnnni-terin,-   the    law    the   .'v 


of  the  i   inte>; 
,   .  ii'lenre   jii    supjxtrt   of 

■  1  nn.-  was  .^ken  he.ore  the  district  n.dt^e-    ,f  ,he  I  nited  s,  .... 

'•'•  1.  tore  a,iv  .,.nrt  of  record  .,  the  state  or  conntv  „,  whu-h  the 
api-ant  resided,  L'  :„shed  of  the  clannanis  serMce  'h- 
n,d,.-  trans,nute,l  i,e  ictin.onv  and  the  procee.hn,-s  in  the  case 
'"  "'<■     -  retarv  .,  War.  wh  -h-  ,h,ty  it  was,  if  he  considere.'  tl,,- 


i,   14<(  I.=^i 

-  / 


.,tii 


.aim 


~    I  '    til,  s<v  .hma!..  of  c  -..uir.ss.  1st  Sess,,  IMh  l.'nnK 
^tr'lf.  Ill,   4til 


i  ill 


(X    FKDEKAl.  MILITARY  1  I  \:-  IONS  IN  IHH  L  Nil  ED  >  i  ATl.S 

claim  a  lej,'al  one,  to  jilace  the  a|>pli.  aiit  oil  llie  (itnsloii  ii>t  of 
the  L'nited  States.  Tlie  -.tatiile  iire^^cril)e(l  no  method  ot  prtx)! 
oi  the  claimant's  need  ni'  assistance,  but  the  rfj.;ulations  of  the 
War  DepartimMit  rei|uire(l  hi-  oath  and  the  certihcate  of  the 
jud;,'e  to  establish  that  lact.'  ren>ions,  if  allowed,  commenced 
from  the  date  of  the  a|>plicant's  tleclaration.  The  law  ,L,'avc  the 
Secretary  of  War  final  pnwer  in  the  allowance  nf  claims. 

I'resideiit  Moiirm'  aTid  tlie  niemlter-  of  Ciin.i,'res-.  who  had 
expres-cd  the  ofunioii  that  there  were  but  few  >ur\i\iir>  of  the 
Kevohitionary  anir  ,  inu-t  ha\c  lK;en  snri)n>cd  at  the  eai;er  rn-h 
f'>r  [K'UMiin-  un  ier  the  new  law.  Ily  the  niiildie  "i  Sejitenilprr. 
the  miinlH-r  of  applications  was  so  j,'rcat  that  it  wa--  not  possible 
for  tin-  War  Department  with  i\ery  exertion  to  act  uixm  them 
a-  fa>t  a~  they  came  '.n.-  A-;  llaj,'rant  abi)>es  of  the  act  came  to 
Imlit.  thf\  were  made  the  -iibiecl  of  >evere  comment  in  the  news- 
jiaper-  ><\  the  TMiie.  Men  of  means  were  cbary^eii  wiiii  ha\inL; 
made  tliem-ehe-  out  to  be  paii|)ers  in  onkr  to  receue  ;iie  U'ne- 
tu--  of  tiie  law.  and  others  were  -aid  to  have  de])o-iicd  tht  whole 
aniount  oi  their  pensions  in  -avini^s  bank-.  Tlu-  cinurv  at 
lartje  \s,i-  indi^-nant  at  the  fratnU  atid  -urpri-ed  that  a  measure 
])ropo^c,i  .ir  the  iK'iiel'it  of  ;i  lew  !\'evol;;tionary  -urvivor-  was 
likeK  lo  ;mrea-c  'lu-  annual  [«.-ii~i'!:  cxjundiinre  from  two  nr 
three  hundred  thon-atul  <loll,irs  t-  two  ,,t  three  millions.  In 
t;ut,  the  pro-iifi'iive  cos.|  nf  tlu-  new  ~er\  iie-])<.'ii-ion  Law  durint,' 
the  \ear  !S_'(>  \\a-  more  than  th.it  of  the  entire  jiensioii  svstem 
iV'  111  till-  ori,Mni/atioii  of  the  ^'oxernincit  clo\' -i  to  1,S1,'><.' 

t  >  ■nneciicut,  whirh  had  fouuht  the  offii-cr-'  hall  jiax'  and  cotn- 
inntalion  diirintj  and  .after  the  Re\olMtion.  wa-  a  tenter  of  oppo- 
siii^.n  t.,  the  ,ict  of  181S.     X'crc  tittiimb  .  it  wa-    it  M  ddkioun. 


'       Or.   M     ,,T     .S'.I'   ■     /'■.•,".   r;      i    :.!    11,'v.    USJ    (^M 

-  .\  A    ./a,'.  •■.  \\,  't.v 

''  i" '<t  .   ^\n    ''■'      (  'tnt.uio  i\c»r)ilx   lO'Tii   \;ir'.tts  r.rw -p  ijnT- 

'  'I'l  ■■    ..;:'ir.  iTLilni!    1,  r    p.-ii-.,..,is     Mi.ltT    tin-   .1,1    ,.i    l.Sl.s    i..r    -h.     \c:ir    IXJO 

w;i     <27'<>.■^■^'l      i//   lo,    /!•,   ,  Jl-t  (    •Ilk;..   1-t  S. -- .  u     \.     '((I,  '.  7  i      liitir. 

ani'U!!'  .\;.,ni!-l  -i!  ;i.-,!vi,,n,   irrm  lu-i;imiii:i;  .■!   IoUt.iI  y.  \.ii.i!u-m  tlir.'tii;h 

ill.    \    ,1'    ;s|7     -.Vw..'^'-     Ul  .us.    /'■,  .    I'.tli   C.n.j..    1-t    .■-...,    1H1<»-1HJ0.   v. 

N.-  ;.-  . 


REV(M.LT[()\.\RV  PFA'SIONS 


69 

the  seat  of  the  anti-commutation  convention,  that  popular  indiff- 
nat.un  received  a  must  striking  manifestation.     The  inhabitants 
held  a  tmv.,  meeting  on  iJece.nber  6.  1819.  at  which  a  preamble 
an,l  resolutions  were  adopted.'     Complaint  was  made  that  great 
."iposmons  had  been  practi.sed  by  sundry  persons  in  u!.taining 
I'enM.MK  and  that  individuals  in  alHuent  circumstances  bad  ob- 
taM.cl    he  rewanl  due  only  to  the  needv  and  destitute      "Con- 
.e,ue.niv,-  ,he  resolution  .said,  '"many  in  the  conmmnitv  less 
abb-  I..  l«ir  tlu-  burthens  of  g,>vcniment  are  com,H.-Iled  to  pay 
Hfavs    lax,-,   t..  support  their  more  ..pulent  neit^bburs "     The 
n|mm,   n:„h..\  u>  a.scertain  the  numl,er  of  those  improi>erly 
I'i.Hcd  ..n  tlu-  pensi.m   lists  in  Conncctic-n  an<l  to  cau,e  thei- 
nanic.  !,,  be  .n,n-d.     Ti>e  selectmen  of  the  town  were  constituted 
■^  ^-"nnutc,.  lo  report  tlu-  names  of  ,H.Tsons  improi>erlv  ,>ensioned 
t"  -..n.e  ,.,„•  of  the  <  ..nuccticut  delcj^ation  in  Congress.     It  was 
al>o  rco,„„H,„l,-,|  „,  ,1k-  „her  towns  of  the  state  to  adopt  sim- 
lar  !iu-.i-,iiri-. 

J'Miii.l  defenders.  Tlu-  .\e\v  ^■,,rk 
IX\'>.  conuiu  iiting  e.litoriaily  ui^in 
1  be  !;ict  i-  ihe  coniplaini<  wbicb 
';  "iir  nt-u.-.-,p..r-  \u^,■  nad.-.  wc-re  en-en.k-nd  bv  a  few 
.ui/i-r-  111  (  oniH'ciicui.  ir.  Ill 
wt-  f,.,„jiv  iniM.  liiat  (  otiLirc^s  „,  ,i.  wi-d 
■>^ill  k-i   :!u-  Ml!.!,',,!  ,,a>,  I'tidi-tiirU'., 

A  rba...      ,„  tiu-  fnunnal  o.ndiMo,,  ,,,  ,1,,-  ,-n„nrrv  -,ve  .i<bled 
...m-  ,,,  ,lu-  ■U-v..mvm  .auM-,!  l,v  ,lu-  al.n.c  ,,f  ,he  p.-nMon  law 
-  .H-r.-a.  isio  ;„„i  ,si7  u:ul  U-.n  v.ar.  ,„  „„„.„a|  n-vcnues  and 
a"    .v.Ttiour,^    IroaMUN.  tlirpcr,,.!  tnan  lSlS,o   !X'l  u-,so„e 
•'■    ■'"^""■'^'^    pcrpVx„^.        \h,„„    ,,„■    ,a,n..     :„„    ,1,;,,   Cnn.rr^.. 
""'^■'"■"^    -lul.nni..,,   of   ,,r...   no-    .-xpenHunrc-       ,r  peuMons 
"Mhpi-m,.  oMsiS    npro..V,i.,..  iV:.„|.:„Mo„^,C.recom- 
;-■'';'^''-''•   -'-  'i-  -W„.,i.n  .,,    ,1,..  ,,u.MU-  .f  ,lH.    .n-ernmem 
bvtl.,Tq..-a!.,|   .l>r,n.<Tnalr,-,  ..„„,., ax,,       Mv  ,1„.  •  ,11  of  !  SIS 


l-.l-cwhi-R-  llic  pi'iiM-n   l;m 
/:rv(-;;/-  /',,.v/  ,,;  |  Vivmber  i  - 
the  .^;i|Mi',iti..|i  t,,  -In-  ;,,.,    ,.,, 
•-I  inif 
di-or, 


tlu'  worst   of  m^'tivo:  and 
'!ii  and  philanthropy. 


I  h:\v\. 


Hi.' 


-■'ini;!..n  I.    i.inn,.v\-   7_    lv<_' 


if 


"0    FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

more  stringent  financial  conditions  were  felt,  and  in  1X1''  tiit 
countr)-  experienced  a  severe  business  crisis  lol!(»wed  l)v  a  jK-riod 
of  industrial  and  commercial  depression.'  in  IH20  and  1821  the 
federal  government  had  to  resort  to  loans  to  meet  its  obligations." 
Under  such  circumstances  it  was  natural  that  the  unexi>cctcdly 
large  burden  ft>r  {leiisions  siionld  cause  irritation  and  demands 
for  the  rq)eal  or  revision  of  the  act  of  1818. 

When  the  sixteenth  Congress  met  in  December.  1819,  the 
abuses  of  the  servicc-|)ension  law  were  promptly  brought  to  its 
attention.  Secretary  of  War  Calhoun  admitte<l  that,  in  spite  of 
every  precaution,  his  <Iei>artment  had  probably  been  im]K>sed 
ujKm  to  a  considerable  extent  as  to  the  circumstances  of  claim- 
ants. His  reiKjrt  also  showed  that,  in  numl)ers  of  pensioners 
under  the  law,  the  leading  states  were  as  follows:  New  \'ork, 
Massachusetts.  District  of  Maine.  Connecticut,  Vermont,  New 
Hampshire  and  Pennsylvania.  The  entire  alwence  of  Southern 
states  from  this  list  is  noticeable.' 

One  of  the  first  steps  taken  by  Congress  in  ilealing  with  the 
situation  was  to  order  the  publication  of  a  roll  of  all  jwusioners 
under  the  act  of  1818,  arranged  by  states.*  .\  congressional 
coumiittee  was  also  engaged  during  the  spring  of  1820  in  inves- 
tigating the  pension  problem.  In  the  meantime,  the  discussion 
of  he  whole  matter  continued  in  the  public  press.  .\  writer  in 
xh  !  lartforil  Tiiurs  attributed  the  Treasury  deficit  to  the  increase 
1!  nsions.  He  informed  the  public  that  the  abuses  in  Connec- 
started  with  certain  notables,  who  drew  peiisintis  although 
.  ^^  affluent  men,  and  suggested  the  i)ropriety  of  taking  meas- 
'ires  similar  to  the  action  at  Middletown.  This  writer  also 
jNiinted  nut  that  the  i)en,-ion  money  was  raised  i>v  in<lirect  laxa- 
tii  II  ■  11  -mil  .irticlci  as  sugar,  tea,  rum  and  rlotli.  thus  U'lng  a 


'  Biirtr.n.  rriA.'t  and  Defrrfvm  (1^)02'.  275-27(>,  Also  TaiissiK.  Turtfl 
llut«r\  (i/  Ih,-  I  tiitrd  SlaUs  (Mh  <'ilitioni.  7.V-74. 

-' Krii  rt  ..(  V,-,  rrt,ir\  !  Troiisurv  C"rawf.>nl  //•«■,■  /',i,-.  U)tli  ("ony  31 
Ses=.    !W()-1K2!.    ;     \,.    '),   17   ]H 

'  . />>i.-'t(  ,)i'    ^';r      l\ift-'s.  (!.:•>,: ,    iJ^J  im    "(l,<   7(M, 


m 


REVOLUTIONARY  PKNSIONs  71 

relatively  heavy  bunlen  uix>n  the  laborer  with  a  large  family  ' 
ihe  Aatuntal  lntdli,,a,ccr.  in  an  editorial  in  defense  of  the  fed- 
eral a.lmiMNtration.  explaine.l  the  necessity  fur  a  pul.l.c  l.,an      It 
attnl,ute,l  the  Treasury  deficit  to  the  past  an.l  present  e.x.H^ndi- 
tines  ,„uler  the  jjension  law  which,  it  said.  u.miI.I  no,  have  k-cn 
passed  "ondd  the  extent  an<l  ine,|ual.ty  of  its  oiK-ration  have 
l*en  foreseen."     However,  the  law  would  no,  now  U-  revoked  = 
Ihe   C  imjrress.onal    investigation    of    ,,fnsio„    almses    k-d    to 
reme.ha!  le^nslation  in  the  act  of  May  1.  1820.'     Those  who  had 
l>een  granted  pensions  un.ler  the  act  of  1818.  ati.l  al>o  all  who 
shouhi  thereafter  apply  for  pensions  under  that  law    uere  re- 
quired to  submit  sworn  schedules  of  their  whole  estate  an.l  in- 
come, exclusive  of  nec-essar>-  clothing  and  l,e<lding.     Thev  were 
also  require.]  to  take  oath  that  they  had  not  <lispose,l  o,  anv 
r«rt  of  their  property  uith  the  intention  of  Iwmging  tlaMuselviN 
w.thm  the  provisions  of  the  law.  and  that  thev  ha.l  no,  in  oc-rson 
or  trust  property  or  income  of  any  kind  o,her  than  ,ha,  '.hown 
m  tne  schetlules  subscribed  by  them.     The  Scvreta-N  of  W  ar  was 
authonzetl  to  strike   from  the  list  of  jvnsioners  those  ,H'rso„s 
who.  m  h.s  opmion.  were  not  in  such  m.ligcnt  circumstances  :ts 
to  \K-  unable  to  supiH)rt  themselves  with.ni,   the  .-.ss.sia.Ke  of 
then-   country.      Revolutionary   .nvalid-^nsioners.    uh..  ha<l    re- 
hiK|u,shc<l  their  pensions  ,„  ,.rder  to  avail  themselves  ,,f  ,ln    „, 
ot    1818.  an.l  wh.,  by  virtue  of  ,he  alx.ve  provis„,„,  ,„,„i„    ^^. 
s.ru-ken    fr.,m    the   pension    list,    were   to   rcreue    die.r    t^^u-er 
invali(l-])ensions. 

Thousands  „f  j,ensioners  were  struken  from  ,he  n.lls  un.ler 
the  prnv.sions  of  the  law  of  1820.  (n  those  who  anplie.l  for 
continuance,  many  sufTerai  a  rejection  of  ,heir  claims  others 
without  ho,.e  of  favorable  action,  faile.l  ,0  exhibit  ,he  re.iuir«i 
sche,lules  and  were  consequentlv  .Iropped,  The  iv.a  ,ha,  there 
had  lH>en  much  fraud  and  imposition  ;.,  ,he  expni.e  ■„■  ,he  j,'ov- 

'  Quoted  in  SaU.>,uil  Inlelligcnc-r,  M.,rth  ,i.   18:fl. 
•National  hitrlUgctuer,  April  25,  27,  182(1 
»  V.  S.  Statutes  at  l:iryc.  iji.  S<,9. 


I 


t  ':\ 


f-t  I 


!f 


71    FKDERAL  MILITARV  PKNSIONS  IN  THE  UNITED  STATI  S 

eminent  was  clearly  esiaWished.'  Naturally  there  was  much 
conii»laint  atnoii},'  those  who  sufTereil  the  U>ss  of  their  j)ensions. 
A  corrcsjKMulcnt  of  the  National  Intclliticmcr  wrote; 

It  was  not  tile  nuinl)er  or  magnitude  of  frauds  prac- 
tised under  the  hrst  law,  that  gave  hirtii  to  the  second;  hut 
the  number  of  ai>i)licants,  and  the  accumulation  of  expense, 
and  hence  the  inference  of  fraud  was  made  a  pretext  for 
ini|K)sinR  conditions  which  the  most  meritorious  class  of 
applicants  could  not  sulwnit  to;  and  in  this  i>itiful  manner 
is  money  to  i)e  saved,  at  the  ex|)ense  of  justice  and  national 
honor!  There  can  not  l)e  letter  evidence  of  the  ardor  with 
which  the  youth  of  that  eventful  i)erio<l  llixked  to  the  >tand- 
aiil  of  lik-rty  than  that  so  many  thousand  actors  in  the 
army  of  the  Revolution  still  survive.' 

The  j,'(ntTnment  was  in  serious  fin.incial  ilifficulty  throufjhout 
the  year  IN.'d.  and  a  loan  of  $.?.(H)(MHM>  was  secured  under  the 
act  of  May  15  of  that  year.  Iiuhistrial  and  financial  depression 
continued.  an<l  at  the  close  of  the  year  conditions,  as  indicated 
hy  the  public  revenues,  were  worse  rather  than  k-ttcr.  On  De- 
ccmU-r  _'l.  Crawford,  the  Secretarv-  of  the  Treasury,  reported  a 
pnikihlc  Treasury  dcticit  on  lanuary  I,  1S_'1,  nf  ()\cr  -S-l. .'Oi ).( n H ', 
To  provide  fnr  the  e\|>irted  dc-ticiency  of  the  revemies  in  1S21, 
he  ree. .nimeiiiled  not  additional  taxe>  hut  ar.other  loan.  .\  new 
lo.iu  oi  <;;  nc^i.iMH)  u.is  authorized  oii  .March  .V  IXJl.' 

!  he  ecoiid  session  ..f  the  sixteenth  ('oni^'ress  was  held  under 
ill'  I  unpropitj.ius  I  nvnni-taiues  and  was  occupied  with  tindinij 
JiK-ans  of  retieiuluneni.  In  the  Ilouse  of  Reprisentatives  Mr. 
To!.!.  ,,i'  der.ryi.i.  ol. serving-  that  he  felt  that  he  w.is  "u alkini,' 
;:; -n  liikli-h  ;;roiin<l."  projio-ed  (•■  make  a  coii>i'ler;il>le  s;ivin;x 
!)\  reilnciiiL:  pensjdii^  However,  his  resolution  to  instruct  the 
'  ■  niinittee  on    ivev.  .lr,lioiKir\-   reii-ioiis  to  in<|uire  iiUo  the  exix.'- 


I  K.  t;.cr.|'n..;   'he  ■  \c,n!i-'i  ..f  ilii-  .u'l  of   IKJd 
-  A.i.'!..i;„(  /<•;,■/,'.,.,■,,■,  ,-r.  S(.,,i^  22.  IK.1>. 
KipMrl-   ■■!    Si    Ml.iri    I  : .,«  I'-ril.    //    H.v     ■'   , 
l.HJl.    1.    \..    '»,   ,-|..,iall>    iMi:,.    17  ail. I    IS        \K, 
a     !i-ni...i.  n    ..|     ih,-    im. 1110.1!    iiiih.-Tra--iTi.Tit-    , 
^i'-".'.   ..•/  //■••    r:.   ,  /   ■;i.    fr.f.a/   \-.,:.  s,  !'.7. 


v,;,/  A 


MX.   J4,l 


I'illi   ('.iiii;  .   _'il    S.  --      l><Jit 
■'  'i/..    N.I    ,i-'.   i-.u-     4       i-..r 

•l"      llll      I  i   Ullll  \  ,      -.1       I),  wi). 


KKVOLLTIOWRY  Pf.VStO.Ns  73 

<licncy  of  n.aki,,^  such  a  re.luc.ioa  was  defeate.l  I,v  5<»  ,0  53' 
rh..„,.h  „,H-„ly  atta^kiPK  the  pen.i..n  ex,K.mlitures  sva.  for 
H fcans  walk,,,,.  o„  .icklisl.  ground  there  is  cvi.lence  that  the 
..  ers  feh  that  the  ,.nsi.„  ,aw  of  ,«,«  ,,..  a  principal  ca  sc 
'f  the  (,nanc,al  e.nl,arrass,„ents  of  the  a.l,„i„istra.io„.  \„  i„. 
ttrest„,fr  h.^ht  ,s  throv.n  i>,«.n  ,he  n.atter  I.y  a  passage  in  the 
men,o,rs  of  J..h„  u„„,,  .,„„„.      .^.^^  authoHzinruJ  nl 

^;ch^'^•H^'"V"^  '""•"';  ^""^^•^^ '-'  ^'"^-'-"  - 

hon  .   „  r  ""'  '"  ""■'  '"""'"■^'"  -^''^""^  "^valke,! 

-mc  ,„  company,  as  far  as  his  house.  ^^  i,h  Mr.  Calhoun.'      \s 

ey  converse. hn.nnatelv  on  ,he  even,.  ,.f  ,he  session  ju>t  cl,.e.l. 

K    New   I..,„.|an,:er  .oun.I  the  South  farohnian  .lispirite.i  ..v 

.e    results  o,  ,he  attacks  svsten.aticallv  canie.l  -n  through  the 

uhole  C  on,Tc.s.  In.t  es,>..cially  through  the  .session  jus,  e.xpire.l 

.if:a,ns    h,s  n,anaj,en,en,  of  the  War  Depart.nent.-  '  .\,„1  he  re- 

J-I^alhoun.  conviction  that  -the  proent  en,harrasM„ents  ,n 

tlK-  A.lnnn.strat.on  all  ori.^inate.l  in  tw,.  n.easure,  „f  ,hc  .Ir.t 

.es.s„,„  ,„   (,M,j,ress  un.ler  i,-,he  repeal  of  the  nHernai  taxes 

a...I  .  c  pro,„se  lV..ion  Act."^     The  Secretary  of   Uar   ^h^ 

^•'■'  clur^^e,!   w,th   the  a.l.ninistration  „f  ,1,,  ,,,,.„„,  ac,    ha.l 

H-enre,,u,re.l,,.wiel.l"ascy,heof,.e,re,u.hn,ent."an,l.l„„,,t' 
k-  an  elcnen.   ,n  the  un,.,p„lari.y  ,,'  h,.  .lepartnu-n.   uas  the 
n-^ontnu.n,  o,   ,he  lar.e  nu-nher.  of  ,.„.,„„,.,  wh-  ha.l   U-e, 
cm  oH^n.,,,,  , I,,  ,,,,,,,,,,,  ,,,^  ,,j,^^^^ 

I"  a  report  n.a.le  f.  the  .Senate  in  iVhruarv.  1S_'3  .„,  the 
"l-a,.on  o,  the  act.  „f  ,818  an-l  18J0.  Se.-re.arv  ;alh,.un 
>1  .ucl  that  the  total  nn.nher  ..f  persons  wh„.e  clain.s  to  Kev,.- 
h.,.,>„arv  M.rv,ce-K-nsi,,„s  h.,,i  !„.,,,  .,.l,„i,„.,l  ua.  I8.v<.v<..  ,  ,„ 
Scp.e,,U.er4.  18.'.'.  there  uerel'.^.,,  ,,,,,,.,  ,,„,,, ,-,.,,,,^,,,;; 


«".  71?.  r.'i.  ;.;((.  h'j 


'•'   ""■  ..■'   ■  .      SIS        n   ,1'      H  >;.■"  I-0..T.  u..n-  tl,.  „r,„„,.„  .,,,„,„,„„ 

1,.    1  .  lI'Ml-i-    ..|     Kr|ir.MIlI-(t,.,  ,  -       Mr     .',1,1.        .'     I- 


■  W'«i 


I  4/ 

i     I 


74    FEDERAL  MILITARV  I'KNSlONS  IN  THK  UNITED  STATES 

remainder  had  for  the  nii .st  j>art  Ixeii  renn ■ved  by  the  uperatiun 
of  tile  act  of  18^(t.  i  he  Mini  paul  to  [icnsioners  in  1818  imder 
the  act  of  that  year  was$U>5,(Kl(».  in  181'^.  $1.811,«XX).  In  1820, 
$_',760.(nK)  was  aj)i>roi>riate(l  for  the  j.er\ice-i>ension.s.  I>ut  the 
actual  expeiidiiure  was  onl\  $1.3"4aX)(),  tlie  list  of  pensioners 
having  lieen  iniicli  rediued  h\  ilie  ojwration  of  the  act  of  May  1, 
18J().  No  new  a|)propiiatioii  under  the  act  of  1818  w;i.s  made 
in  18J1,  but  $1._'(H).()0<)  was  j>aid  from  the  uiie\|)eii(lcd  balance 
of  the  year  18J(».  In  18J_'  ilie  sum  jjaid  for  the  ser\ice-|)«isions 
was  $1.834,UH),  including  $45J.OtK)  that  shtmid  have  U-en  j.aid 
in  the  i)revious  year.'  Invalid-pension  expenditures  had  also 
larf,'ely  increased  as  a  result  of  the  War  of  181J.  While  in 
1812  the  national  i)ension  api»ropriations  amounted  to  less  than 
one  hundred  thous.md  dollars,  the  combined  appropriations  for 
invalid-  and  service-i)ensi.ins  in  182J  were  nearly  two  niilliotr 
.lullars.' 

It  was  not  lon}j  bel  .re  i>er.s<.iis  who  had  l)een  [R-HMoned  under 
tiK  act  of  1818.  and  later  dropiJed  from  the  roll  iKjcause  of  their 
proiHfrty.  l»eRan  to  apply  to  'lie  Secretary  of  War  to  l)e  restored. 
Calhoun  held  that,  when  it  wa.s  evident  that  a  mistake  had  l»een 
made,  the  fonner  jiensioner  might  l>e  restored;  but  m  no  other 
case.  Many  claimants  alleged  that  they  had  since  Inndme  so 
reduced  in  means  as  to  need  the  i«nsion.  I'.ut.  on  the  advice  of 
the  Attorney  (ieneral.  the  Secretary  held  that  undei  the  law 
there  was  no  i)ower  vested  in  his  de]>artment  to  replace  the 
names  of  such  jK-rxMis  on  the  rolls.'  However,  in  18J2  the 
Treasury  entered  uiion  another  \^tuh\  of  pros|»erity.  and  appli- 
cants for  restoration  to  the  [K'Usion  list  foinid  Congress  favor- 
ably di>iK)sed.  The  act  of  March  1.  1823.  restored  pensions  to 
many  of  those  who  had  i>ecii  drojjjjed  under  the  law  of  1820  on 


the  groimd  that  thev  had   -ince  liet-ome 


'O  impoverished  as  to 


'  .Imi-riiiin  Stall-  I'ufers.  (  luims,  KX5. 

=  Till-  total  cxiHnilitiiro'  1  y   ihc   fcil.  ral  Kovernment    fi>r  prnsinns    from  its 
orKanuation  in  1KI«  w<  r<   lt■^s  than  S2,7(I().(K«)  in  all.     //.■u.i,-  /',.,      Ifitli  ("ohk 
Ist  Sess..   1«1<*  IKJl,  V.   No.  7.^      Kor  tlir  api)r<.iiriati.  ;  >   f..r    IKil.  <ir<-  Huusr 
Doi-..  2\"t  C'(.nn,  Im  S<-s.,  iv,  N,,.  <A).  6  and  7 


'  II.  usi-  !>,>,.,  17ih  (  i.nti.  1-t  .s 


and  7 
\\i,  Nil.  72. 


i;i:\t>i.i Hon  \rv  n  n^ion. 


/3 


iH'cd  asM^taiHf  for  their 


support.'     In  Xovi-mlKT.  \H2.\.  tlu 


sK'ii  li>t.  inili„lmfj  iK.ih  ser\ict:-  an.l  invali<l-iH' 


17.4JW 


kI   the 


jK-n- 
iiMoruTs,  loiitained 
iis'iiii-,    ua.s    aUiiit 


name 

$1,65().(KX).» 

The  volume  -t  ,*iuion  husitu-s  l,a,i  n.-w  l,ecome  v,  lar^e  that 
UxiKTess  (inally  al«n,lon..l  the  attempt  to  pa,tic,,«ite  in  the  .le- 
ta.le.l  administration  of  the  Kcneral  Ia«s,  The  fourth  section 
"•>  at,  act  of  March  3.  18l<.  ^,,ve  the  Secretary  of  War  ..nver 
I.,  place  ,,t.M,n.  entitled  to  invali.l-pcnsio,,,  un-ler  the  act  of 
Apr.  lu.  mn,.  and  under  the  f,,„rth  st-ction  of  the  act  of  April 
-:».  1K(«.  u,.on  the  ,H-nsion  hst  without  reporting  to  lon..rcss 
or  hnal  action  '  As  ,o  service-,K-ns,ons,  ,his  p<,wer  had  already 
l*e„  conferre.1  u,H>n  the  Secretary  l.y  ,he  otipnal  terms  of  the 
.Kt  of  ISIS  However  (  onjrres,  ha.l  usuadv  tieen  ^-uided  l.y 
the  rec-ommendati.ms  of  the  Dq^rtment  .lurin^r  the  ,>eri,K|  m 
uhich  It  reserved  to  itself  the  |..wer  of  final  action. 

\l  the  same  tin;e  another  change  in  the  rnctho.l  of  adminis- 
termj;  the  pcis.o,,  laws  uas  a  ,,rovision  for  ihe  biennial  exami- 
nation ..f  .nval,d-,<-ns,oners  |,y  ,wo  M.r,a-„ns  or  plusicians 
This  examination  ha.l  in  vieu  the  removal  from  the  rollof  those 
nuahds  who  had  recovered  from  their  disabilities.  In  cases 
uhere  the  pension,  „ere  originally  ;,rante,l  for  total  disal.ilitv 
m  con,se,,,ience  of  causes  which  conid  no,  i,,  whole  or  in  part 
1*  retnoved.  the  examination  was  not  reqniie.l.  .\n  exception 
was  also  made  in  favor  of  invali.I-,K-nsioners  of  the  Uevolutio,, 
who  had  availed  themselves  of  the  act  of  March  IS    1S|8  ' 

Several  >.ars  elapsed  U-fore  there  .,vas  anv  further  Revohi- 
fonary  jn'-ision  legislation  of  im,.,nance.  As  related  in  an 
earlier  chapter,  the  old  .piestion  of  the  settlement  of  the  half 
pay  claims  of  ,he  Revolutionary  of^kers  a^-ain  came  to  ,he  front 

X  'mx     """"■'  "'  '■■"■"■  '"•  ""-■     '  """I  -  ^•^">—  among  acts  of  M.r.l, 

rcuXTrWa;-  ""'    -""'■  '"  ^^'^  ^^    •     ^>"-<'-   >  '"  Kepon  of  S.c 
''  I'.  .S.  St.itut.s  ,11  I  arye.  iji.  526. 

../^o';n'r:MX';4.''.^u"'""''"  '""''''■^"  -amma,,,.,   wa.  entirely  rcpenlc, 


Si,, 

[t 
IS;  I 


m 


"^■^m: 


^'W^r 


MICROCOfY   DtSOlUTION   TEST   CHART 

lANSI  and  ISO  TEST  CHART  No    2' 


1.0 


1^ 

i^hi 

0^ 

tt^ 

1- 

i^ 

il.8 

1:25   1 1.4     i  , 


1.6 


_^     /APPLIED  \t\M\3E_\ 

g'^a         Rc^h#5'.e',   New    ro'K  -Aecg        jSA 

^S         i'7l6i    288  -  '!989   -  ^a. 


76    FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

in  1827  and  1828.  and  was  finally  disposed  of  bv  the  act  of  ]\'ay 
15.  1828.' 

An  interesting  light  is  thrown  upon  the  difficulties  met  with 
in  the  administration  of  the  invalid-pension  laws  by  a  passage 
in  the  reijort  of  Secretarj-  of  War  Eaton  on  November  30.  1829. 
He  said  : 

Men.  at  distant  periods  from  the  expiration  of  their 
service,  Ijecome  blind,  and  it  is  reixjrted  that,  in  consequence 
of  being  stationed  at  some  particular  place,  injurious  to 
vision,  the  ill  effect  has  l)een  produced;  they  sink  into  con- 
sumptions, and  it  is  traced  to  a  cold  caught  while  in  ser- 
vice :  in  such  case  the  recognized  precedents  go  to  establish 
the  right  of  the  party  to  be  placed  on  the  list  of  pensioners. 
If  this  shall  continue  to  be  the  interpretation  given  to  the 
laws  ui)on  this  subject,  the  list  of  invalid-pensioners  must 
continue  greatly  to  increase.' 

The  Secretary  found  that  it  was  easy  for  applicants  who  had  at 
any  time  been  in  the  army  to  obtain  certificates  that  present  dis- 
abilities had  their  origin  in  services  rendered  at  a  remote  date. 
He  was  per;oi]a11y  op[)osed  to  granting  pensions  on  vague  and 
uncertain  grounds,  and  proposed  that  the  law  I)e  changed  to 
prevent  such  a  practice.'  Congress  did  not  follow  his  advice  in 
this  respect.  The  difficulty  he  experienced  in  administering  the 
myalid-pension  law.  in  its  application  to  the  Revolution  and  the 
War  of  1812.  was  many  times  multiplied  when  the  practice  he 
criticized  was  applied  to  the  Civil  War  pension  laws. 

In  administering  the  Revolutionan,-  serv-ice-pension  act  of 
1818,  beginning  with  1826  a  pension  was  granted  if  the  claim- 
ant's property  did  not  exceed  S300  in  value.  The  Treasure  uas 
m  a  priisjien.us  condition,  and  there  was  a  constant  tendenc}-  to 
construe  the  law  more  lil>eral!y  as  the  age  and  infinnities  of' the 
survivors  of  the  Revolutionary  army  increaseil.  Oi  D:cenil)er 
26.  1828.  a  regulation  was  made,  permitting  any  claimant  having 


'  Sec   p.iyc   51. 
=  /bid..  Xn.  9,  1. 


1  Scvv.  18J<)-,^l),  i.  N\ 


i'i 


KE\"()I.UT10\.\RV  PHXSIOXS 


77 


property  nut  to  exceed  $9(A)  to  be  placed  on  the  pension  list. 
This  re-ulatiun  was  revoked  in  March,  1829,  bv  President  Jack- 
son, who  considered  it  to  be  legislation.  It  was  estimated  that 
this  provision  would  have  added  2.000  to  the  pension  list.' 

-Vlxnit  1830  the  revenues  of  the  federal  government  were  far 
more  than  enough  to  meet  ordinary  expenditures,  and  rapid 
progress  was  Ix^-ng  made  with  the  extinction  of  the  public  debt 
A  public  problem  of  the  day.  discussed  in  President  Fackson's 
messages,  was  that  of  the  disposition  of  surplus  revenue  The 
protective  policy  was  so  well  established  that  proposals  to  lessen 
the  revenue  through  changes  in  the  tariff  were  strongly  opposed 
All  circumstances  were  much  in  favor  cf  the  success  of  a  move- 
ment to  distribute  a  part  of  the  surpl.:s  revenue  bv  the  enact- 
ment of  more  lil)eral  pension  legislation. 

In  his  annual  message  of  Deceml)er,  1829.  President  Jackson 
advocated  additional  pension  provisions  for  the  Ixmefit  of  Revo- 
lutionary soldiers.-'     A  bill  was  introduced  with  that  end  in  view 
and  passed  the  House.     In  the  Senate,  the  measure  was  indefi- 
nitely postponed.     In   the  debate  upon   it.   Senator  Havne  of 
South  Carolina,  on  April  29.   1830.  made  a  notable  speech  in 
which  he  rev.^wed  the  course  of  pensi(,n  legislation  to  that  time  ^ 
Uhile  not  entirely  accurate  in  details,  he  showed  a  good  knowl- 
edge  ot    the   general    subject.     He  characterized   the  measure 
under  .liscussion  as  an  attempt  to  admit  to  the  companv  of  the 
war-worn  veterans  of  the  Revolution  a  he  t,   ',anv  of  whom  had 
never  even  seen  an  enemy,  '"mere  sunshine  aiul  holidav  soldiers 
the  hangers-on  of  the  camp,  men  of  straw,  substitutes,  who  never 
ciil.ste.l   until   after  the  preliminaries   nf  peace   were   si<.ne<l  - 
Down  to  the  year  1818.  he  said,  the  national  pension  svstem  had 
been  based  upon  the  principle  of  disabilitv.     The  law  of  that 
.vear  had  abandoned  that  principle  and  made  service  and  ,wvertv 
the  basis  ot  pensions.     Hayne  also  called  the  attention  of  the 
Senate  to  the  circumstances  attending  the  passage  of  the  act  of 


.     \ 


■J 


'( 


'Scale  D.^c.  21st  CoiiR..  1st  Se-s..  1829-,W   i    X,,   o   p    -> 

=  RiclianlM.n.  -Mcssa!,cs_and_I\,p,rs  of  tlu-  PrcsiJ.-nts.  \C r,6. 


'  Benton's  Debates,  x.  •47-555. 


^1 


78    FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

1818,  and  to  the  rcsultanl  abuses  and  fraud.  Having  the  ex- 
perience afforded  by  that  measure  in  mind,  lie  urged  that  it  was 
folly  to  open  a  wide  door  to  similar  and  greater  evils. 

The  latter  part  of  Hayne's  speech  was  noteworthy  for  its 
emphatic  contention  that  there  was  an  intimate  connection  l)e- 
tween  the  proposed  increase  in  {Mansion  expenditures  and  the 
maintenance  of  a  protective  tariff  policy.  He  said  that  he  con- 
sidered the  bill  as  "a  branch  of  a  great  system,  calculated  and 
intended  to  create  a  pennanent  charge  upon  the  Treasury,  with 
a  view  to  delay  the  payment  of  the  public  debt,  and  to  postpone, 
indefinitely,  the  claims  of  the  people  for  a  reduction  of  ta.xes, 
when  the  debt  shall  1^  finally  extinguished."' 

The  opposition  to  an  extension  of  the  i^ension  laws  prevailed 
in  the  twenty-first  Congress,  but  in  the  next  Congress  pension 
bills  were  introduced  into  both  House  and  Senate.  It  was  pro- 
posed to  grant  pensions  Ijased  on  service  alone  without  regard 
to  the  pecuniary  circumstances  of  the  applicant.  The  House 
bill  was  very  liljeral.  Among  its  supporters  Mr.  Hubbard  of 
New  Hampshire  argued  that  basing  pensions  on  poverty,  as 
under  the  act  of  1818.  rather  than  upon  service  discriminates 
against  the  frugal  and  industrious  and  offers  "a  reward  to  in- 
dolence and  dissipation."  New  legislation  was  necessary  l>e- 
cause  of  the  restrictive  interpretation  of  the  act  of  1818  by  the 
War  Department.  He  thought  that  the  principle  of  rewarding 
Revolutionary  soldiers  was  thoroughly  established,  and  favored 
extending  the  laws  to  include  all.  rich  and  pof)r.-  Mr.  Ward  of 
New  York  said  that,  unlike  the  Hritish  pension  list,  ours  was 
"so  little  extended  we  need  fear  no  precedent  here." 

Southern  and  \\'estern  meml>ers  opposed  the  bill  vigorously. 
Mr.  Johnston  of  Virginia  charged  that  "this  universal  pension 
bill"  was  brought  forward  to  aid  in  large  schemes  of  prodigal 


'  For  a  more  extended  statement  of  Senator  Hayne's  views  reiiardin)^  the 
close  connection  between  a  lavish  pension  system  and  a  protective  tariff 
system,  and  also  regarding  the  unfavorable  financial  effect  of  Revolutionary 
service-pension  laws  upon  the  Southern  states,  see  Glasson.  History  of  Mili- 
tary Pension  Legislation  in  the  United  States.  41^3. 

2  Register  of  Debates  in  Congress.  22(\  Cong..  1st  Sess .  viii.  Part  2,  1925. 


KK\( JLITIOXARV  Pi: XSIONS 


79 


cxiKJiKliture  which  were  intended  to  prevent  the  reduction  of 
those  taxes  that  pressed  heavily  on  the  Southern  people.'  Mr. 
Davis  of  Soutii  Carolina  regarded  the  pension  hill  as  an  essen- 
tial and  inseparable  part  of  a  whole  .system  of  revenue  and  ex- 
penditure. He  said:  '"This  system  is  wor.,e  than  a  general 
tax  on  industry  and  property  for  the  relief  of  the  indigent.  .\ 
poor  rate  was  a  tax  imi)osed  on  the  lalx)ring  and  wealthy  for 
the  -sujiport  of  the  poor,  who  are  destitute  of  employment;  but 
this  scheme  reversed  the  order  of  things,  for  the  effect  would 
be  to  tax  the  p<x)r  for  the  support  of  those  who  are  much 
wealthier  than  themselves."-  Davis  also  pointed  out  that  but 
a  small  i)art  of  the  pension  expenditures  were  made  in  the  South, 
and  thus  the  .system  unequally  distributed  the  public  funds  to 
the  great  disadvantage  of  his  section.  An  esi)ecially  forcible 
assertion  of  a  connection  between  the  pension  bill  and  the  tariff 
was  made  by  Mr.  P,ouldin  of  \"irginia,  who  said  that  the  people 
south  of  the  Potomac  thought  that,  "for  every  dollar  of  revenue 
raised  on  them  by  the  present  system  of  duties,  to  i)ensioii  the 
poor  soldiers,  they  are  retiuired  to  pay,  and  do  pa.\ ,  two  dollars 
to  the  rich  manufacturer."  Speakinjr  ^f  jiension  laws  and  of 
all  appropriations  not  of  strict  necessity,  Mr.  P.ouldin  said: 
"Xo  surprise  need  be  felt  at  the  open-handed  liberality  of  the 
rich  manufacturer  in  jjouring  forth  iiis  Ixjunty  in  streams  from 
the  public  treasury.  Well  he  knows,  and  closely  has  he  calcu- 
lated, that  whatsoever  is  by  him  thus  given,  returns  to  him 
doubled,  and  that  by  no  indirection,  r.or  after  many  days,  but 
as  the  direct  result  of  his  l)enevolence  itself."'^ 

Mr.  Pell  of  Tennessee,  in  opposing  the  proposed  mca.sure  said 
that  ever>-  step  in  the  pension  argument  prepared  the  wav  for 
further  and  indefinite  extension.  .Already  the  officers  of  the 
War  of  1812  were  demanding  recognition,  and  every  advance 
m  the  pension  jiolicy  was  an  invitation  to  them  and  future  sol- 
diers  t..  expect   the  same  trL^atiiniit.     Pemoviiig  the  property 


'  A\-.ai.s(,-r  „/  n,-h,,l.-s  :n  Congress.  22.\  Com;.,  l,t  Se«     viii    Part  ->   2498 
-  Ihid..  2393.  "  "' 

■^  ll>!d..  2372-2373. 


A  ■ 
t  ^  V 


-f-. 


80    rKDIiHAI.  MIl.ITAKN  I'KXSIOXS  IN  THE  UMTKD  STATKS 

liiiiitatiiiii  would  iU)t  clieck  Iraiid,  Imt  would  nuiltiply  it;  for 
fraud  would  then  Ik.'  necessary  only  to  ])rove  liie  len^'th  of  ser- 
vice, lie  tliouj,dn  that  the  ])reseiit  size  of  the  rolls  indicated 
fraud.' 

In  view  of  the  e.xpressions  of  iiieinhers  connectinjj  the  in-nsion 
hill  with  the  tariff,  it  is  worthy  of  note  that  the  tariff  act  of 
1.S3.',  to  which  South  C'arolina  was  so  hitterly  opjxised.  was 
before  t"on,!,^res;  at  the  same  time  with  the  pension  hill,  and  that 
the  new  tariff  act  and  the  new  pension  act  finally  iK-came  law 
witliin  a  week  of  each  other." 

The  pension  hill  i>assed  the  House  hy  an  overwhelminj^  ma- 
jority, hut  the  Senate  preferred  to  consider  its  own  mea.sure. 
This  was  less  extravagant  than  that  of  the  House,  retiuiring  of 
api)licants  a  longer  i)eri(j<l  of  ser\ice  in  the  Revolutionary  army. 
Senator  I'oot  of  Connecticut  was  in  charge  of  the  I)ill.  He 
presented  a  report  estituating  that  there  could  Ik.'  only  9.(XX^  or 
10, (HX)  Revolutionary  soldiers  living  and  coming  within  the 
terms  of  the  projiosed  mca  ure.  The  jjrohahle  amnial  e.\])cnse 
was  estimated  at  not  to  exceed  $450,000.'  Senator  ImkiI  said 
that  the  great  and  powerful  argument  against  the  passage  of  the 
hill  was  that  it  would  Injggar  the  Treasury,  or.  at  least,  ])revent 
the  reduction  of  unnecessary  and  o])pressive  duties.  To  this  he 
replied  that  the  h.il  would  cost  not  to  exceed  S450.(.K)0.  that  this 
sum  would  he  rapidly  reduced,  and  that  within  five  years  the 
exj)enditure  would  he  i:icre!y  nomii7al.  He  strongly  asserted  the 
accu'acy  of  the  esiiiv.ritt>,  which,  the  committee  I)eHeved,  would 


'  lu-'iisU-r  of  Ih-hitcs  ill  Coiuir.-ss.  22i\  Conj;.,  1st  .Sess.,  viii.  Part  '  246(V 
2A(,2. 

■  l'.(!,'iiininf,'  aliout  18,^0,  the  SnutluTn  (ippiiiicnts  (if  tlic  tariff  maintained 
tile  thei^ry  that  inip<irt  duties  are  in  ctTect  direct  taxes  tipim  exjiurt^.  They 
claimed  tliat  a  iin.tective  tariff  was  a  sy-tem  of  ta.vation  practically  levied 
u\h,n  the  staple  prndiicts  of  tlie  South— cotton,  rice,  and  toliacco,  wiiicli  formed 
tile  h\dk  nf  the  export>.  Their  tlieory  was  based  upon  tile  principle  that  the 
exp'irt-  p.-iy  for  tlie  import-,  and  that  cnnsecpiently  whatever  increased  the 
price  of  imported  articles  "uist  increase  the  amount  of  the  exported  articles 
needed  to  (Kiy  for  a  niven  quantity  of  Rood-.  Hence  Soutlieriur-  lielieved 
tliat  tlirir  -ection  was  payinn  the  greater  part  of  the  pulilic  revenues  and  that 
tlic  iH-n-ion  system  was  operating  to  distribute  these  reveiuies  more  larjjely 
in  tile  XorthiTU  -tate-.  See  Dewev,  fiiuiiuui!  Ilistorx  of  the  United  States, 
195. 

KS'ciwIc  Poo..  22d  Cong.,  1st  Ses?.,  1831-18.1.',  i,  Xo.  3i. 


K'i;\  ( )IA-i  lOXARV  I'KN.SIO.NS 


81 


exceed  the  denian,!.'  Henry  Clay  also  spoke  in  the  Senate  in 
advocacy  of  the  claims  of  the  Rev.jlutionary  soldiers  and  denied 
that  "this  act  of  justice  to  these  brave  veterans,  who  still  siir- 
vive<l  of  the  gallant  l>and  \vhich  secured  our  indqHjndeiice, 
should  Ito  identified  with  the  tariff.*"' 

ilayne    oi)posed    th-s   bill    <,f    1832.    but    his    speech    is    not 
reiwrted.     Several   Western  senators  joined  the   South   in   the 
opiK)sition.     Senator  Robinson  of  Illinois  offered  an  amendment 
to  include  in  the  bill  the  "officers  and  soldiers  who  sen-ed  under 
C;cnerals  Wayne  and  Clarke  in  the  Xorthwestem  Territory,  ajid 
in  the  Indian  Wars,  after  the  Rev  lution."     Although  Senator 
Buckner  of  Missouri  thought  that  a  pension  system  going  l)e- 
yond  those  who  had  l)een  injured  in  the  service  of  their  country 
was  l)ad  policy,  he  said  that  to  pass  the  bill  without  the  amend- 
ment would  Ix;  an  act  t>t  injustice  to  the  West.     On  the  theory 
that  the  pensions  were  to  I)e  k-stowed  as  a  mark  of  kindness  o'r 
respect,  Buckner  said :     "There  was  no  reason  v  hv  this  mark 
of  respect  should  he  given  to  the  militia  of  the  East',  and  not  to 
those  of  the  West.     The  lands  which  the  Government  holds  in 
the  W  est  are  the  fruit  of  their  toils.     .     .     .     But  to  ask  the 
West  to  pen.sion  men  fifteen  hundred  miles  distant,  not  a  dollar 
of  which  would  ever  return  to  the  West,  was  too  much."^     On 
the  third  reading.  Western  senators  against  the  bill  were  Ben- 
ton and  Buckner  of  Missouri.  Gnindy  and  White  of  Tennessee 
and  Bibb  of  Kentucky.*     The  Senate  measure  having  passed    it 
was  accepted  by  the  House  and  approved  bv  the  President  on 
June  7.  1832.' 

The  scr^•ice-pension  act  of  1832  tw>k  the  form  of  an  exten- 
sion to  additional  .sur^-ivors  of  the  Revolutionary  army  of  the 
full  pay  for  life  which  had  been  granted  by  the  act  of  May  15 
1828.  to  certain  officers  and  soldiers  who  ser\-ed  to  the  end  of 


M:^' 


^  A'<v„j/,.r  ,./  DrbaUs  in  Co,u,rcss.  22i\  Ccng.,  Isi  Sess.,  18,M-18^2  9^6 

-  Ibid.,  WO,  '    "  ' 

""Ibid..  765-760. 

*lbid..  9,i,i. 

•■'  v.  S.  Statutes  at  I.arcc,  \\,  529, 


4m| 


V 


9 

i 


82    FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

the  war  '  The  new  measure  jjranted  to  all  who  had  completed, 
at  one  or  more  terms,  a  total  senice  of  two  years  during  the 
Revolutionary  War.  whether  in  Continental  or  state  troops,  vol- 
unteers or  militia,  <>r  in  the  navy,  and  who  were  not  entitled 
to  the  l)enetit  of  the  act  of  18J8.  full  pay  fnr  life  according  to 
rank,  not  to  exceed  a  cajUain's  pay,  to  commence  from  March  4, 
1S31.  All  who  had  completed  a  total  ser\ice  of  not  less  than 
six  months  were  to  receive  for  life  an  annual  ammmt  l)earing 
the  same  proportion  to  the  full  pay,  as  did  the  length  of  service 
to  the  full  two  years.  By  the  original  terms  of  the  law  every 
one  who  icvct.ed  its  l)enehts  was  required  to  relinquish  any  pen- 
sion received  by  him  under  any  other  Revolutionary  pension  act. 
But  an  amendment  of  February  19,  1833,  excepted  invalid-pen- 
sioners from  this  restriction,  and  thus  permitted  some  soldiers 
to  draw  Ixrth  an  invalid-  and  a  service-pension. 

As  in  the  case  of  the  act  of  1828,  the  Secretary  of  the  Treas- 
ury was  originally  charged  with  the  execution  of  the  act  of  1832. 
This  duty  was  speetlily  transferred  to  the  Secretary  of  War  by 
the  resolution  of  June  28,  1832.  Evidence  in  support  of  claims 
was  taken  in  the  form  of  declarations  upon  oath  l>efore  a  court 
of  record  in  the  county  where  an  applicant  resided.  In  the  case 
of  the  regular  or  Continental  troops,  it  was  i-ossibje  to  compare 
the  evidence  with  the  muster  rolls  in  the  p<issession  of  the  War 
Department,  but.  in  tlie  case  of  the  state  troops,  volunteers  and 
militia,  the  Department  possessed  no  rolls  except  of  the  state 
tr(K>i)s  of  Virginia  and  the  militia  of  New  Hampshire.  There- 
fore, in  the  consideration  of  a  large  numl)er  of  applications,  it 
was  compelled  to  rely  entirely  upon  the  sworn  declaration  of  the 
claimant  and  his  witnesses,  except  in  so  far  as  his  narrative  of 
service  could  \ye  -'>ini>ared  with  the  known  events  of  the  ])eriod 
in  which  it  was  said  to  have  been  performed.  Much  imi)ortance 
was  attached  to  traditional  evidence,  such  as  a  general  l)elief  in 
the  iieighI)orlii^j(l  that  the  claimant  had  l>een  a  Revi>lutionary 
soldier.     Such  a  tradition  might  l)e  supported  by  the  evidence  of 


'  See  page  51.     The  act  of  May  15.  1828.  \va>  passed  as  a  final  settlement 
of  the  Revolutionary  officers'  half  pay  anil  coniniututiDii  claims. 


I<EV()I.l"Tlo.V,\RY  PKNSIONS 


83 


the  nearest  clerffvniaii  and  of  other  i)ersons  o(  character  and 
standing  in  the  community.  It  is  clear  that  such  provisions 
were  extremely  liable  to  abuse.' 

Under  the  liK>se  provisions  of  the  new  law.  applications  were 
made  in  surprising  numlwrs.  It  was  thought  incredible  that 
there  should  Ik?  so  many  Revolutionary  soldiers  alive.  On  Jan- 
uary 23.  1833,  Cass,  the  Secretary  of  War.  rejiorted  that  24.260 
persons  had  applie<l.  of  whom  perhaps  one  thousand  might  be 
rejected.  He  estimated  that  the  [tensions  would  average  $75.97 
and  that  it  would  retiuire  $1,767.(XK)  to  meet  the  exi)en.litures 
for  one  year.  Since  the  i)ensions  were,  by  the  terms  of  the  law. 
to  commence  from  March  4.  1831.  Secretary  Cass  estimated  that 
to  pay  them  from  that  date  to  Septeml)er  4.'  1833,  would  require 
$4,418,000.'  It  appeared  that  the  annual  charge  on  the  Treas- 
ury would  l)e  at  least  four  times  what  had  l)een  estimated  by 
Senator  Foot's  committee. 

The  new  scramble  for  pensions  caused  thoughtful  men  to 
question  the  moral  and  p<jlitical  effect  of  the  whole  pennon  sys- 
tem upon  the  United  States.  In  discussing  a  resolution  to  ex- 
tend the  law  of  1832  to  those  who  had  fought  in  the  Indian 
Wars.  Mr.  Bouldin  of  Virginia  .said  in  the  House  of  Rq)resen- 
tatives  on  December  27.  1833.  that  "the  practical  effects  of  the 
system  had  l^een  to  discourage  private  industry  and  lead  a  large 
portion  of  the  people  of  the  United  States  to  look  to  the  Trcasur> 
as  the  unfailing  spring  from  which  they  were  to  receive  ever>- 
gno<l.  The  iKior.  instead  of  l)eing  relieved  in  their  own  neigh- 
borh(H)(Is.  were  pensioned  on  the  United  States."^  Mr.  Si)eight 
of  Xorth  Carolina,  though  opp(->sed  to  the  general  law,  favored 
the  extension  on  the  ground  that  the  West  should  Ix;  admitted 
to  the  "iK)rk-barrcI-  with  the  rest.  "The  moral  effect  of  the 
system  was  certainly  ver>-  bad;  almost  every  soldier  in  the  coun- 


Hi 


Ml 


J 


'  For  rcKuIation^  f,,r  presentinp  claim<  under  the  act  of  18J2.  see  Exccuttic- 
D,u:.  2.Mli  Cong..  2,\  Sess.,  1837-1838.  v.  \o.  118,  84-91.  ^xe.uutc 

=  House  Doc.  22d  Coiik..  2d  Se*s..  1832-1833,  No.  68. 
'.^'■fistcr  of  n.-h,u,'s  in  Congress.  23d  Cong,.  1st  Sess.,  .x.  Part  2,  1833-1834 


ki 
-1% 


84    rKDKKAI.  MIMTAKV  TENSIONS  IN  THK  LMTKD  STATIS 

try  was  tryinjj  to  get  a  pensiun."'  Mr.  Dickinson  of  Tennessee 
also  favored  tht-  resolution  under  consitlcratioii,  Init  lie  admitted 
that  perjuries  and  corruptions  of  various  kinds  doulnless  at- 
tended the  granting  of  [)ensions,  and  that  the  pension  :,ystem 
might  tend  to  make  patriotism  sordid. - 

-As  usual  a  South  Carolinir.n  was  one  of  the  leaders  in  the 
assault  on  the  system.  Mr.  I'inckney  of  that  state  of>posed  pen- 
sions on  constitutional  grounds,  charged  that  the  whole  system 
was  "a  mere  l>ranch  of  the  protective  system,"  and  that  it  in- 
creased Iteyond  all  limit  the  power  and  patronage  of  the  fe<Jeral 
government  and  tended  therel)y  to  cornipt  the  i>eople.  He  said 
that  hy  enlisting  a  host  f>f  f)ensioners  the  government  secured 
an  army  dependent  on  its  will  and  ready  to  do  its  bidding. 
"I'ensioncrs  on  the  bounty  of  government  are  only  so  many 
IH)liticaI  partisans."'' 

-A  F'ennsylvanian.  Mr.  Denny,  defended  the  pension  system 
against  the  charge  that  it  originated  in  the  protective  tariff  sys- 
tem on  the  ground  that  the  pension  laws  were  a  continuation 
of  a  system  and  policy  which  existed  before  the  Constitution.* 
Another  Pennsylvanian.  Mr.  Chaml)ers,  opposed  the  extension 
of  the  system.  He  thought  it  dangerous  in  a  Republican  gov- 
ernment to  make  military  ser\-ices  so  much  the  subject  of  remu- 
neration and  bounty,  lieyond  a  provision  for  disabilitv.  thus  cre- 
ating an  impression  that  not  only  the  road  to  fame  and  glory 
but  also  the  highway  to  the  chief  offices  and  to  the  nation's 
treasur}-  is  to  l)e  ff»und  in  the  ranks  of  the  army.  He  presented 
statistics  computed  from  the  census  of  1830  to  show  that  the 
nimil)er  of  pensioners  and  unsuccessful  applicants  was  greater 
than  the  number  of  white  male  citizens  in  the  country  old  enough, 
in  his  opinion,  to  have  served  in  the  Revolution."  The  proposi- 
tion to  extend  the  act  of  1832  to  the  Tncian  Wars  was  defeated. 


I  Rcfiislrr  of  n,  hales  in  Conqrcss.  2.^d  Cong.,  1st  Sess..  x,  Part  2,  24(X». 

-Ibid.,  2*10-240.1 

=  IHd.,  24.i2-2456. 

^  Ihid..  2SMy 

■  Ibid.,  2650-26.-.1 


w 


KIAOI.ITIO.VAKV   I'KNSIo.Vs 


85 


I-vc,  John  rHiincy  A-larns.   wlm   «as   usuailv    fav.,ral.le  to 
Kevoluti.M.ary  peiisi.m  claims,  smns  to  have  been  disjru.s.e.l  by 
the  scra„,l,le  tur  service-pensions.     I  lis  memoirs,  un.ler  date  of 
April   /,    1834.   contain   the   followinK;     "Iriah   Tracv.   thirtv 
years  ajjo.  used  to  say  that  the  soldiers  of  the  Revolmi.'.n  claim- 
ants never  died-that  they  were  immortal.     1  la<l  he  lived  to  this 
tutie.  he  would  have  seen  that  they  multiplv  witii  the  lapse  of 
t.n.e.     .\s  petitioners  they  are  more  nmnerous  at  every  session 
of  Congress  tha.1  ever  l>efore.     And  of  late,  as  some'of  them 
have  d.ed.  their  widows  have  l)egun  to  ,,etition;  and  this  day 
there  wa.s  a  petition  from  the  son  of  a  <lev.-ease,l  pensioner  pray- 
ing that  the  i)ension  may  Ije  continued  to  him  "' 

One  consequence  of  the  pressure  of  applications  for  jn^nsions 
under  the  act  of  1832  was  the  enactment  of  new  provisions  for 
the  administration  of  the  ,,ension  laws.  On  Januarv  3.  1833 
the  House  of  Representatives  agreed  to  a  resoluti.m.  directing 
the  Secretary  of  War  to  communicate  to  the  House  wheth.  the 
execution  of  the  act  of  1832  required  any  change  in  the  .  ,ani- 
zation  of  the  Pension  Dureau  with  a  view  to  greater  .security 
and  more  dispatch  in  the  transaction  of  business.'  Secretary 
Cass  replied  on  Januarv-  7.  recommending  the  establishment  of  a 
Office  -  Department  to  \^  denominated  "The  Pension 

I.i  describing  the  existing  pension  administration.  Cass  re- 

Tt  n''  ''^  '"  '''''^"  °^  '^^  P^-^'""  ^"••^=^"-  a  •>'-anch  of 
T  ,  J"  ^;^^'T'''  '^^"^"■^"t^''  •>>'  executive  regulations.  At 
the  head  of  the  Bureau  was  a  clerk  with  a  salaa-  of  $1600  and 
there  were  employed  un<ler  him.  either  temporarily  or  ,x.'rma- 
nemly.  sixteen  other  clerks.  The  Bureau  was  divided  into  five 
d.  Msions.  each  of  these  I,eing  in  charge  of  a  clerk  with  others  to 
aid  him.  Lach  division  considered  claims  coming  from  certain 
states  assigned  to  it.  Secretary-  Cass  considered  that  the  obvious 
defect  m  the  constitution  of  the  Office  wa,s  the  want  of  legal 

'  .\frmnirs  of  John  Quincy  Adams,  i.x,  124. 

'House  Journal,  22d  Cong.,  2cl  Sesv,  mi-\m    V7 

^  House  Doc.  22d  Cong.,  2d  Se...,  IW2-,au,  i.'xo.^  pages  1  to  X 


i 


m,    l-KDEKAL  MIl.lTARV  I'KNSloNS  IN  THK  LNI  FKl)  M  All-S 

rcs|)oiisibility  atui  of  cfticicnt  control  in  the  head  of  the  Uureaii. 
"His  duties  are  not  tlefmed  by  law,  nor  are  hi*  acts  rcco{Jnizt^l 
l»y  law.  \\  hile,  in  fact,  controlling  the  dishurseinents  of  near 
iwii  million  five  hundred  thousaJid  ilollars  annually,  he  is  still 
known  u|K>n  the  statute  book  as  a  clerk  only  with  a  ci)tii|)ensa- 
tion  attached  to  that  situation,  and  without  the  slightest  allusiott 
Id  the  |K>wers  and  duties  he  actually  exercises." 

Cass  favored  a  reorganization  of  th"  IJureuU  in  order  to  ileal 
with  the  great  amount  of  business  (over  _'4.0(M)  claims  had  iieen 
presented  under  the  act  of  183i  )  promptly  and  with  |)roper  safe- 
guards against  fraud.  Under  the  laws  then  existing  the  Secre- 
tary of  War  was  the  only  responsible  ofticer  in  the  a<lministration 
of  the  |)cnsion  acts,  but  he  jK>inted  out  that  it  was  physically 
imjK)SsibIe  for  the  Secretary  to  examine  into  the  details.  He 
advocateil  the  establishment  by  Congress  of  a  branch  of  the  War 
Dejwrtment,  under  the  name  of  the  Pension  Office,  with  an 
officer  at  its  head  to  be  known  as  the  C(jminissioner  of  Pensions. 
This  responsible  officer  would  administer  the  laws  under  the 
general  direction  of  the  Secretarj-  of  War.  Ctytigress  folhjwed 
the  recommendation  of  the  Secretary  in  an  appropriation  act  of 
March  2,  1833,'  which  ]>rovided  for  a  Commissioner  of  l^ensions, 
to  l)e  appointeil  by  the  President  and  Senate,  and  to  receive  art 
annual  salary  of  $2,5tX).  It  was  made  the  duty  of  the  Commis- 
sioner to  "execute,  under  the  direction  of  the  Secretary  of  War. 
such  duties  in  relation  to  the  various  pension  law;,  as  may  be 
prescril)ed  by  the  President  of  the  United  States."  The  new 
office  was  created  to  continu-j  only  until  the  expiration  of  the 
next  Congress. - 


'  i'.  S.  Statut,-s  at  Lar<ic.  iv.  622. 

-  Tlie  act  of  .Mrinh  .?,  18J5.  cdnlimicil  the  fiffice  f>f  CumniissjinKr  of  rm- 
MciiTi  f(.r  till'  fiirthcr  term  i  '  twn  ye.'irv  .■ind  also  transfcrriil  inun  the 
Tnasiiry  Di-partmoiit  tn  the  War  Department  tlie  iliit\  ..f  e,\iciilin«  the 
t>r.ivisiotiv  .>f  tile  act  of  .May  l.i,  1828,  for  tlu  licm-(it  of  tin-  KcvnlutioTiary 
officers  anil  soldiers  wlio  -ervcd  to  the  end  of  the  war.  l-iirthiT  le^nslalioii 
contimud  tlu  office  of  Commissioner  of  I'cPMon.s  from  tinn-  to  tinic  until 
tlie  act  of  January  V>,  1849,  wliich  authorized  the  itnlt-finite  contiiui.ince  of 
the  ofi";  -  ii!:til  fiinlur  lrj;i^lati(.n  ly  Conk'rtss.  Hy  the  act  of  Marc'.  .>,  1K4'). 
estahlishiiiij  I'l  Uepartment  of  tilt-  Interior.  thJ  Pension  Office  hecanie  a 
bureau  of  that  depa:iment.     The  .Secritary  i>f  the   Interior  was  Kivvii   -uinr- 


J 


kKVOLl'l  ION  \H\  I'l  NSIoNS 


87 


The  first  C ommisMoncr  of  l'eiiM..ns  was  lames  I.    IMwanls 
who  had  for  sonu-  fiftccJi  years  Ihjcii  tlic  dcrk  in  cliarKe  of  the 
I'cnsion  lUireaii  of  the  War  Dei-artment.'     Commissioner  Id- 
wards  had  not  Umti  assumed  his  neu   resp,.i,sil«lities  U-foie  he 
was  called  upon  to  deal  with  disclosures  of  startling,'  and  wide- 
spread frauds  under  the  act  of  1832.     The  worst  cases  came  to 
iiRht  in  the  fall  of  1834.     Thirty-seven  in.lictments  for  forgery 
and  perjury  in  the  prosecution  <.f  ,)ens,on  claims  were  found  hy 
the  Krand  jury   in   the   federal  curt  at   Clarkslnirn.   Virf,'inia. 
Among  the  attorneys  implicated  were  the  ciwmonwealth's  attor- 
ney for  I^wis  County  and  a  meml^r-elect  of  the  legislature  from 
the  .same  county.     They  Iw.th  Hed.  and  were  suniose.)  to  have 
Rone  to  the  "province  of  Texa.s."^      In   Vermont   there    were 
thought  to  U>  JiH)  fraudulent  cases.    Claims  were  made  on  l«lia'f 
of  fictitious  jwrsons  and  actually  admitted,      l-.stimates  of  the 
Rovernmenfs  losses  by  'raud   in  that  state  rangal   from   fifty 
thousand  dollars  to  very  much  larger  sums.     The  principal  per- 
petrator i>f  the  Vermont  frauds  was  Rol)ert  Temple,  formerly 
agent  for  paying  pensions,  president  of  the  Hank  of   Rutland, 
and  a  man  of  wealth  and  i>roininence  in  the  state.  .Alarmed  at  an 
order  for  the  publication  of  the  pension  list,  he  went  to  Wash- 
ington and  attempted  to  l)ril)e  a  clerk  to  alter  the  list  in  order  to 


i 


>t 


m 


'■r* 


rri^y  ^''l='f"^''="^„P"«'"%*V''^"""  t^all  tfc  acts  ..f  the  Commissioner 
ot  t.nMons.  The  Biirtaii  of  Pensions  remains  toe  ay  a  part  of  the  Uenart- 
ment  of  the  Interior,  and  the  Sccr.tary  of  the  Interior  continues  to  exercise 
important  snpervisorv  and  appellate  i)Ower5  in  pension  matters.  While  in 
he  earlier  history  of  the  federal  Kovemment  the  administration  of  pension 
laws  wa.s  generally  entrusted  to  the  -Secretary  of  War.  there  were  enac  ed 
m.iny  pens,,,,,  provisions  appIyiiiK  s..,lely  to  the  navy.  Such  acts  were  exe- 
cuted u.jder  <l,rect,on  of  the  Secretarj  of  the  Navy  until  1840,  when  the 
nX"'"(  T"?'  '^''"'=?"^'''  "V';«^  ^'-'vy  Department  was  transferre.l  to  tl  c 
office  of  the  Commiss,.,ner  of  Pensions.  The  Secretary  of  the  Navy  was 
then  K,yen  a  sh.ire  in  the  supervision  of  the  Pension  (  ffice  until  the  Depart'- 
-nent  of  the  Interior  was  create,!  in  IW9.  .An  act  of  January  2()  1M3  im- 
P'-ed  upon  ,l,e  I  ,,mm>ss„,n,r  of  P,„.„^ns  such  dut.es  in  relat'ion  o  the'exc- 
cuti.,n  of  the  laws  KranmiK  military  l.ounty  lan,l~  as  miKht  he  .1  signed  to 
him  hy  the  Secretary  of  War  w,th  the  sanction  of  the  President  The  e 
duties  became  t.,r  a  time  very  im|...rtant. 
^^M,  is  worthy  „f  no,.  ,|,at  f.,m,ni-,i,„er  Kdwards  re,naine,l  ,n  office  until 

-Nu-h„io,ul   l-.m,u:rcr,  Oct.  .'.«,   IS'.U;   .V,7.-/  Hcg.sUr.  xlvii,  'C.   147. 


■?-'■ 


i 
i  •  ; 


88    FKDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

conceal  his  crimes.'  The  clerk  disclosed  the  affair  to  his  supe- 
riors, who  took  steps  to  secure  further  evidence.  Temple,  learn- 
ing that  he  was  alxnit  to  l)e  arrested,  committed  suicide  at  his 
home  in  Vermont.  Temple's  method  was  to  trump  up  claims 
on  behalf  of  soldiers  long  dead  or  of  persons  who  never  existed. 
Through  jjerjury  and  the  collusion  or  carelessness  of  local  mag- 
istrates, hese  claims  were  made  to  apijear  valid  and  were  ad- 
mitted. Then  by  forgerj-  Temple  was  able  to  collect  the  pension 
payments  as  they  were  made.-  Other  exix)sures  of  similar  frauds 
were  made  in  Kentucky.  New  York,  and  Ohio.' 

Commissioner  of  Pensions  Edwards,  in  his  annual  report  on 
Noveml)er  7,  1834.  referred  in  scathing  terms  to  the  frauds  that 
had  l)een  peri)etrated  by  men  of  high  sUnding  in  society,  whose 
official  stations  and  respectability  placed  them  far  .  !x>ve  suspi- 
cion. He  said  that  stq)s  had  l)een  taken  to  punish  the  offenders 
and  that,  in  some  instances,  successful  prosecutions  had  resulted 
in  the  confinement  of  the  criminals  in  state  prisons.  In  other 
cases,  they  had  fled  from  justice.  Wherever  there  vas  a  pros- 
pect of  recovering  money  improperly  paid  out,  a  suit  had  been 
commenced. 

In  describing  the  bold  character  of  the  frauds,  the  Commis- 
sioner said : 

It  has  lK:en  ascertained  that  pa|)ers  have  l)eeti  presented  at 
this  Department  puqx)rting  to  contain  proof  of  Revolution- 
ary service,  taken  in  open  court,  bearing  the  official  seal  of 
the  clerk  of  the  court,  and  duly  certified  by  him,  wher;,  in 
fact,  the  persons  in  whose  l>ehalf  the  claims  wt-re  made, 
never  had  any  but  an  imaginary  existence.  In  some  in- 
stances, the  claims  have  been  admitted,  and  monev  has  lieen 


'  The  Senate  ordered  the  piihlicatinn  nf  the  hst  of  pensioners,  classified  by 
states  and  counties,  and  the  transmission  of  each  state's  list  to  its  courts 
of  record.  Tliis  was  done  to  facilitate  the  detection  of  cases  of  fraud 
i>«n(.'  Journal.  2.3d  Cong.,  1st  Sess..  1833-18,H,  404. 

-  I'or  accounts  of  the  \'ermont  frauds,  see  l'rrmi:nt  Piilriot  and  State  Ga- 
rcllc.  Oct.  I.3.  1K,W;  Richmnnd  V.iiquirer,  Oct.  24,  1H.34;  Mies'  Register,  xlvii, 
105-106  (Excerpts  from  several  current  newspai)ers*. 

^ //.)»,«■,•  h',-p,nts.  2,3d  Cong.,  2d  Sess.,  1834-1835,  i.  No.  4.  Mies'  Rcuister 
xlviii.  225;  A'ctf  York  Sun,  lulv  3,  1835. 


HEVCJLUTIO.VARY  PENSIONS  gg 

paid.  In  other  cases,  money  has  lieen  paid  to  a  i)eriod  after 
the  time  wlien  the  iK-iisioners  died ;  and  this  la.st  mentioned 
de.scnption  of  fraiui  was  effected  by  means  of  falsifying  the 
certificates  of  a  clerk  of  a  cor.rt  of  record. 

-After  a  detailed  .lescription  of  the  fraudulent  methods  used  in 
some  particular  instances,  the  Commis^sioner  reconunended  the 
appointment  of  officers  in  each  state  and  territon-  "for  the  pur- 
pose of  examining  in  person  all  pensioners  and'  applicants  for 
pensions."     He  reixji  ed  that  there  were  27.978  pensioners  on 
the  rolls  under  the  act  of  1832.  and  that  the  amount  sent  to 
agents  in  1834  for  payments  under  this  act  was  alx>ut  $2,325,000. 
The  whole  national  pension  roll  contained  about  43.000  names.' 
There  were  also  discussions  of  the  pension  frauds  in  the  an- 
nual report  of  the  Secretar>'  of  \\ar.=  and  in  the  President's 
message  of  December.  1834.'     Secretan-  Cass  pointed  out  that 
as  the,se  disclosures  had  been  the  result  of  accident,  it  was  imjws- 
sible  to  judge  to  what  extent  frauds  might  have  been  committed. 
President  Jackson  agreed  with  Commissioner  Edwards  as  to  the 
desirability  of  an  actual  inspection  of  the  i3cnsioners  in  each  state 
The  object  of  this  inspection  should  be  twofold,  to  l.wk  into  the 
original  justice  of  the  claims,  and  to  ascertain,  in  all  cases,  whether 
the  clamiant  was  living,  and  this  by  actual  personal  insj^ection. 
In  the  House  of  Representatives,  that  part  of  the  President's 
message  which  dealt  with  the  pension  frauds  was  referred  to  the 
Committee  on  Revolutionary  Pensions.    The  same  committee  was 
also  instructed  to  inquire  into  the  expediency  of  reciuiring  the 
publication  semi-annually  in  various  newspapers  in  the  se'^veral 
states  of  the  names  and  residences  of  all  persons  represented  to 
be  living  in  said  states  who  were  on  the  i)ension  roll.* 

The  House  Committee  reported  that  great  and  extensive  frauds 


SCO  ExrcHlhc  Documents,  ZM 


'  For  the  report  of  Cnmmis^ioiKT  Edw.inl' 
ConR.,  2(1  .Sess.,  1834-18o5.  i,  \o  2  273-^80 
=  Ibid..  36-.38. 
^Ibid..  18-1'). 


4" 


fn'j' 


90    FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

had  undoubtedly  been  committed  and  that  men  in  the  highest 
walks  of  Hfe  had  secured  large  sums  of  money  from  the  Treas- 
ury' by  means  of  false  papers,  gross  acts  of  forgerj',  and  wilful 
penury.  It  was  pointed  out  that,  although  the  advocates  of  the 
act  of  1832  had  estimated  that  10,000  jiersons  would  be  benefited 
by  Its  provisions,  the  number  of  applicants  at  the  Pension  Office 
und»r  this  law  already  exceeded  32,900.  Fifty-two  years  had 
nearly  passed  away  since  the  peace  of  1783.  A  soldier  who 
entered  the  army  at  the  age  of  sixteen  in  the  last  year  of  the 
war  was,  if  living,  68  years  old  in  1835;  if  such  a  soldier  enlisted 
at  the  beginning  of  the  Revolution,  he  was  at  least  75  jears  of 
age.  Could  there  be  some  40,000  of  these  old  Revolutionary 
soldiers  still  living?' 

The  committee  recommended  that  in  those  states  where  there 
were  county  newspapers  publication  should  be  made  of  the  name 
of  each  pensioner  residing  in  the  county,  his  place  of  residence, 
his  age,  the  amount  of  his  pension,  and  the  name  of  the  agent 
who  drew  up  his  papers  and  presented  them  to  the  Pension  Ofiice. 
Where  county  newspapers  were  not  available  for  publication  of 
the  above  facts,  the  committee  thought  it  highly  necessary  and 
proper  that  there  l^e  a  personal  investigation  of  the  jiensioner  and 
an  investigation  of  the  merit  of  his  claim.  It  was  recommended 
that  the  Secretary  of  War  Ije  given  discretion  to  adopt  one  or 
the  other  method  of  detecting  frauds  as  the  circumstances  of 
particular  cases  warranted.  However,  in  view  of  the  honesty  of 
the  majority  of  the  pensioners,  the  committee  did  not  favor  the 
suspension  of  any  pension  pa\Tnents  until  after  an  inspection 
had  been  made.     Notwithstanding  the  committee's  recommen- 


'  In  tlie  fall  of  1834,  51  IS  years  after  the  clo-e  of  the  Revolutionary  War, 
there  were  appri^ximately  40,000  Revolutionary  pensioners  under  the  invalid 
acts,  the  act  of  1818,  and  the  act  of  1832,  The  Pension  Bureau  has  published 
an  estnnate  that  tile  t'^al  of  individual  enlistments  in  the  Revolutionarv  armv, 
uicludinK  militia,  was  184.0.?8.  The  pensioners  in  1834  were  about  22  per  cent 
of  this  nimiher.  Individual  enlistments  in  the  Civil  War  are  c-timated  at  a 
total  of  2.213..V0  in  the  Union  armies.  Fiftv  v.ars  after  the  concluMon  of 
hostdities.  on  Jin:e  M\  W\5.  there  were  396,370  survivors  on  the  iiension  roll, 
or  18  per  cent. 


REVOLUTIONARY  PliNSIONS 


91 


dations.  Congress  failed  to  enact  measures  for  the  reform  of  the 
pension  system.' 

In  this  study  of  Revolutionary  pension  legislation,  little  provi- 
sion has  thus  far  been  found  for  the  widows  or  children  of 
deceased  soldiers.  Before  the  close  of  the  Revolution,  by  the 
resolution  of  August  24.  1780.  half  pay  for  seven  years  was 
promised  to  the  widows  or  orphans  of  such  Revolutionary  officers 
as  had  died,  or  should  die,  in  the  service,  but  the  widows  of 
noncommissioned  officers  and  soldiers  were  not  included  in  the 
benefits  of  the  measure.  The  resolution  of  1780  expired  before 
the  inauguration  of  the  federal  government,  but  was  renewed 
for  two  years  by  the  act  of  March  23,  1792.' 

I'lxcepting  sundry  provisions  for  the  payment  of  pension 
money,  accrued  and  unpaid  at  the  death  of  i^nsioners.  to  their 
widows,  children  or  legal  representatives,  there  was  no  general 
legislation  for  the  l)enefit  of  widows  of  Revolutionarv  officers 
and  soldiers  from  1792  to  1836.  Then  the  continued  existence 
of  a  large  surplus  in  the  Treasury  created  conditions  favorable 
to  the  success  of  propositions  for  the  granting  of  pensions  to 
Revolutionary  widows.  Such  measures  had  been  brought  for- 
ward at  inten-als.  but  none  was  successful  until  the  jiassage  of 
the  act  of  July  4.  1836.^'  This  act  gave  a  long  lease  of  life  to 
the  Revolutionary  pension  list  by  inaugurating,  fifty-three  years 
after  the  close  of  the  war.  a  series  of  measures  pensioning  the 
widows  of  Revolutionary  soldiers.  Deaths  among  the  sur\-iving 
soldiers  would  s(x>n  have  made  the  pension  list  so  small  as  to 
be  negligible,  but  the  various  grants  to  widows  continued  jien- 
sion  i)ayments  on  account  of  the  Revolutionarv-  War  down  to 
comparatively  recent  times. 


'  An  appcnilix  to  the  Hoiisi-  G 


mmittfu's  report  nientimis   four  clas.-os  of 


whower.  eM'JTf  n^'""'  "!  ""-'  "^""''^  "'  "''''""'  '<<volutionary  sol.licrs 
army  rol  s.  ami  where  no  such  persons  exJMed  at  the  time  the  .leclarations 
purporte.l  to  have  hee>.  ma<le.   (.?)  Cases  where  the  pensioners  ched  aher  t  e 

(4)  Overstatement  ..f  tlie  servic-s  of  claimants  in  their  declarations  and  in 
the   te-tniinny   siipportinir   them.  araiK.ns  ana   m 


siipporimg 
-'  r.   .V.   Statu;,-.!  Ill   l.tirifc,  i 
^Ibul..   V.   127. 


24.1. 


I.* 


n 


I " 


•<: 


J 


92    FRDER.AL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

The  Revolutionary  widows'  pension  act  of  1836  provided  that 
if  any  Revolutionary  soldier.  wIm  would  have  been  entitled  to  a 
pension  under  tlie  act  of  June  7.  1832.  had  died,  leaving  a  widow 
wliose  marriage  took  place  !)efore  the  expiration  of  his  last  period 
of  se^^•ice.  such  widow,  so  long  a,  -.»-  remained  unmarried, 
sliould  Ije  entitled  to  receive  the  peusii^.i  .  nich  might  have  been 
allowed  to  her  husband,  if  living  at  the  time  the  act  of  1832  was 
passed.  This  law  pensioned  alxiut  five  thousand  widows  who 
were  the  wives  of  soldiers  while  the  Revolutionary  War  was  in 
progress.  Nearly  one  hundred  of  these  war  time  widows  were 
still  living  in  1858.  seventy-five  years  after  the  close  of  tlie  Revo- 
lution.' 

The  act  of  1836  was  followed  by  a  long  series  of  laws  for 
the  I)enefit  of  widows  that  grew  more  and  more  comprehensive 
m  terms  as  the  years  i>assed  by.     It  would  not  be  profitable  to 
follow  the  details  of  this  legislation.    We  may  say.  in  short,  that 
provision  uas  next  made  for  widows  who  married  Revolutionary 
soldiers  l>etween  1783  and  1794.  later  for  those  who  married 
prior  to  1800.  and  finally  for  such  widows  as  were  otherwise 
entitled  regardless  of  the  date  of  marriage.     The  general  tenor 
of  these  laws  was  to  grant  pensions  to  widows  during  widow- 
hood equal  in  amount  to  the  allowances  to  which  their  husbands 
wotdd  have  I)een  entitled  under  e.xistiiig  laws,  if  living.    An  act 
of  July  27,  1868.  provided  that  the  widows  of  Revolutionarj'  sol- 
diers and  sailors  receiving  a  less  sum  should  thereafter  be'  paid 
at  the  rate  of  eight  dollars  per  month.-'     The  last  public  law 
provision  specifically  for  the  benefit  of  Revolutionarv  widows 
was  contained  in  the  \\'ar  of  1812  i)ension  act  of  March  9,  1878.' 
It  authorized  the  placing  upon  the  pension  roll  of  any  widow 
ot  n  PevolutionarA-  soldier  who  ser^•ed  for  fourteen  davs  or  in 
>     'agement  at  the  monthly  rate  of  eight  dollars,     the  few 
su.  v..mg  Revolutionar)'  widows  shared  the  Ijenefits  of  the  act 

1859^'il"8'5'  "^  ^^"'■'^'"-y  "f  '"'"i'^--.  •i'-'""'-  ^'.'.■..  .^5tl,  Cong,,  2.1  Sess .  185»- 

-  C.  S.  Sliitiilcs  at  Larg,\  xv,  235, 
'  Ibid.,  x.\,  27. 


Hi 


I 


KF.\()I,LTI().\ARV  PHNSIOXS  93 

of  March  19,  1886.  wliicii  increased  the  [H-nsions  of  all  widows 
then  on  the  pension  roll  of  the  United  States  to  twelve  dollars 
per  month. 

After  the  service-pension  act  of   1832.  there  were  imt   iew 
nnnor  provisions  for  the  Ix-nefit  of  Revolutionary  soldiers.   From 
time  to  time  attempts  were  made  to  secure  arrears  of  pensions 
on  account  of  Revolutionary  services.    On  April  2.  1862,  an  act 
became  law  which  hmited  the  allowance  of  such  claims'  to  the 
parties  who  rendered  the  serx-ice  or  to  their  widows,  and  excluded 
all  heirs  from  any  claim  to  arrears  unless  the  right  to  pension 
was  established  .hiring  the  lifetime  of  the  person  on  whose  ac- 
count the  application  was  made.     As  a  mark  of  special  recog- 
nition, a  law  of  April  1.  1864.  granted  $100  additional  annual 
pension  to  each  of  the  surviving  soldiers  of  the  Rcvoluti-jn  then 
on  the  iH;nsion  roll.'     By  Xoxeml,er  of  that  vear,  seven  of  the 
numl>er  wlu,  were  the  intended  recipients  of  this  special  Ix)unty 
had  died  at  an  average  age  of  about  one  hundred  vears.  and  but 
five  were  still  living.=     For  the  benefit  of  these  five.  Congress 
passed  the  private  act  of  Fel.ruarv-  27.   186?.  granting  each  of 
them  a  gratuity  of  $300  annually  during  the  remaining  years 
of  life  in  addition  to  the  pensions  alreadv  being  paid  to  them 
according  to  law.-^     By  June  30.  1867.  all  the  Revolutionarv  sol- 
diers on  the  |)ension  rolls  had  died.     During  the  following 'fiscal 
year  txvo  other  persons  were  pensioned  as  Revolutionarv  soldiers 
by  si>ecial  act  at  $5W  per  annum.     Daniel  F.  Bakeman   the  last 
survivor,  died  on  April  5.  I860,  aged  10^^  vears.  6  months.  8  davs 
I  lie  names  of  88/-  Revolutionan.-  widows  remained  on  the  pen- 
sion list  on  June  30.   186Q.  although  the  actual  numl,er  living 
was  without  doubt  somewhat  less  by  reason  of  unreported  deaths 
in  his  rep.jrt  for  the  fiscal  year  1870,  the  Commissioner  of  Pen- 
sions stated  that  of  727  Revolutionarv  widows  51  were  reported 
to  be  l>etween  60  and  70  years  of  age.  11  were  between  50  and 
60  years,  and  two  were  under  50.    Mrs.  Ix)uisa  Porterfield  widow 


I ; 


'  r.  .S".  Sliilutrs  at  Uirgc.  xiii.  .i9. 

'  Re  fort  of  the  Commissuincr  of  Pensions.  1864. 

•T.  iT.  Statutes  at  Large,  xiii,  59". 


I 

I 


J 


I 


94    FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

of  Richard  I»„rterfield  of  K'noxville.  Tennessee,  was  said  to  l^e 
"forty  or  forty-five  years  of  age.  strong  and  able-bodied."'  This 
was  eighty-seven  years  after  the  end  of  the  Kevolutiona'-y  war 
and  the  presence  of  these  widows  on  the  i)ension  roll  illustrated 
the  effect  of  pensioning  the  widows  of  sol(hers  in  cases  where  the 
marriage  took  place  at  a  date  remote  from  the  time  when  the 
mditary  service  was  performed.  Voimg  wives  of  aged  veterans 
earned  the  Revolutionary  i)ension  list  over  into  the  twentieth 
century.  In  1906.  123  years  after  the  close  of  the  Revolution, 
there  still  remained  one  widow  of  a  Revolutionan-  soldier  on 
the  pension  list.  I-sther  S.  Damon  of  Plvmouth  Union.  Vt ,  92 
years  of  age.^  luen  after  the  death  of  this  venerable  widow  on 
.\oveml>er  1 1.  1906.  there  remained  for  a  few  vears  on  the  pen- 
sion roll  a  few  aged  daughters  of  Revolutionarv  soldiers  who 
had  l)een  i)ensioned  by  special  acts  of  Congress. 

From  the  invalid-jKinsion  resolution  of  August.  1776    to  the 
last  i>rovision  for  widows  in   Afarch.    1878.  there  was  over  a 
century   of    Revolutionary  pension    legislation.      First   invalid- 
pension  laws  were  passed  for  the  l)enefit  of  ofificers  and  privates 
Service-,>ensions  of  half  pay  for  life  were  promiserl  to  officers 
who  served  until  the  end  of  the  war.  but.  on  account  of  bitter 
opix)sit.on,  the  r.fficcrs  received  instea<l  of  the  half  pay  a  gross 
sum  m  coiumutation  certificates.     In  1818  a  precedent  was  estab- 
lished for  service-pensions  to  volunteer  amn'es  bv  the  grant  of 
such  pensions  to  the  indigent  veterans  of  the  Revolution       \ 
more  lilx-ral  law  was  passed  in  18.12.  and  service-,,ensions  were 
granted  to  the  Revolutionary  soldiers  regardless  of  income  or 
property.     The  wi.lows  of  Revolutionan-  soldiers  ( with  the  ex- 
'•eption  of  the  widows  of  officers),   received  no  pensions  until 
If^.ir,     As  death  decreased  the  numlK-r  of  survivors  on  the  pen- 
sion roll.  ,he  laws  for  the  l>enefn  of  wi.lows  were  from  time  to 
time  ma.k-   more  comprehensive.     The  cost   of   Revolutionarv 
mvali.l-pensions  was  very  small  as  compared  with  the  service- 

'fz:m;[  a^iz ' "'  '''""'""'■  ""'•  "'*•  •*-'•  '«^°- 


KKXOLUTIONARY  PEXSrOXS 


95 


pensiDiis  and  tlie  widows'  i>eiisi.>ns.  With  respect  trj  this  alone  of 
our  wars,  the  complete  effects  of  all  jK-nsion  legislation  have  l)een 
realized— although  the  pension  record  of  the  War  of  18 IJ  will 
also  Ix;  complete  in  a  few  years. 

The  manner  of  keeping  the  records  during  tiic  early  years  of 
the  federal  government  makes  it  impossible  to  ^tate  the  exact 
number  of   Revolutionary  soldiers   who  were  granted   invalid- 
pensions.    There  were  probably  not  more  than  two  or  three  thou- 
sand.    In  his  report  for  1874.  Conmiissioner  of  Pensions  liaker 
gave  a  summary  of  the  results  of  Revolutionarv  service-pension 
legislation.'    He  reinirted  that  20.483  Revolutionary  soldiers  were 
pensioned  under  the  act  of  1818.  1.200  under  the  act  of  May  15. 
18_'8,  and  33,425  under  the  act  of  1832.     The  average  rge  of 
those  pensioned  under  the  act  of  1832  was  74'  j  years.     Under 
the  three^laws  the  total  is  55.1 10.     Elsewhere  in  the  .same  report 
(pagp  6781  the  number  of  Revolutionary  sen-ice-jiensioners  is 
given  as   -i/.eZS.  iK-rhaps  including  special  act  i)ensioners  and 
restorations  to  the  roll  under  the  act  of  March  1.  1823.     The 
alx)ve  statistics  probably  include  many  duplications.     Thousands 
who  were  pensioned  under  the  act  of  1818  were  (lroi>ped  from 
the  rolls  l>ecause  they  were  not  indigent.     Many  were  again  pen- 
sioned under  later  legislation.  csi>ecially  under  the  act  of  1832. 
The  numl)er  of  original  soldiers'  and  .sailors'  claims  allowed  on 
account  of  the  Revolutionan,-  War  is  given  in  the  report  of  the 
Commissioner  of  Pensions  for  1015  as  52. .504.-' 

(^omniissioner  leaker,  in  his  report  for  1874.  gave  the  c^t  ni 
the  Revolutionary  service-pensions  to  the  death  of  the  las'  sur- 
vivor in  I860  as  $46,177,845.  Estimating  the  Revolutionarv 
mvalid-pensions  at  from  three  to  four  million  dollars,  the  total 
pension  disbursements  to  Revolutionary  soldiers  amounted  in 
round  numl>ers  to  aI>out  $50.0no.mO.  The  Commissioner  .,f 
Pensions  says  in  his  report  for  1015  that  22,644  original  widow 


?!f?L 


»  ffousr  Ex.  Doc.  AM  CnriR,,  2d  .Soss.,  187+-1875.     R.port  of  the  Secretary 
of  the  Interior,  i,  667  aiiH  678.  i  uie  .-utrnary 

-.See   Report  of  the  Cnmmi^M„n^.r  of   Pensions   for   10!.=!.   ig    29^  30. 


0(,    I-KDERAL  MILITARY  PKNSIONS  IX  THK  UN'TED  STATKS 

claims  were  allowed  on  account  of  the  Revolutionary  War.' 
Prom  1836  to  1874  the  Revolutionary  widows  received  $19,604,- 
0()0.  The  payments  to  such  widows  after  1874,  together  with 
the  early  half  pay  to  the  widows  of  officers.  prol)ably  brought  the 
total  to  $20,000,000,  or  slightly  more.  Thus  the  total  payments 
for  Revolutionary  i>ensions  to  soldiers  and  widows  amounted 
to  atxnit  $70.00().(XK).  which  is  the  estimate  of  the  I'ension 
Bureau.  The  entire  i)ension  cost  of  this  war  was  considerably 
less  than  half  of  the  present  cost  of  our  national  pension  system 
for  a  single  year. 

However,  Revolutionar>-  pension  legislation  was  important  for 
the  precedents  it  established.     In  miniature,  its  histor>-  shows 
most  of  the  conditions  which  surrounded  the  passage  and  admin- 
istration of  later  pension  laws.     Conditions  of  Treasury  surplus 
encouraged  the  enactment  of  expensive  serxice-pensiJn  provi- 
sions, thereby  making  precedents  immensely  costly  when  applied 
to  later  wars.     There  were  many  Southern  meml)ers  of  Con- 
gress who  asserted  that  there  was  a  close  connection  and  sym- 
pathy l)etween  the  supporters  of  a  lavish  pension  system  and'the 
supporters  of  a  protective  tariflf  which  produced  the  neces.sary 
revenues.     .\s  in  later  days,  it  was  felt  that  the  pensioners  and 
their  fnends  were  a  political  force  to  be  reckoned  with.     Loose 
and  e.xtravagant  legislation  brought  frauds,  public  indignation, 
and  attempts  at  reform.     There  was  a  widespread  feeling  tliat 
the  pension  system  had  an  important  influence  in  lowering  the 
moral  tone  and  lessening  the  independence  of  large  numl^ers  of 
citizens.     In  many  cases  pension  frauds  were  discovered  which 
involved  criminal  acts  of  a  grave  character  on  the  part  of  per- 
sons who  had  been  resixcted  and  trusted.     There  were  indica- 
tions that  many  more  frauds  were  committed  than  came  to  light. 
Like  the  Civil  War  pension  laws— although  for  different  reasons 
— Revolutionar>-  pension  legislation  operated  to  the  disadvantage 
of  the  South  in  the  distribution  of  the  public  revenues.     As  a 


Ul-.Vi  iMM  Ki.N  \RV  I'KNSIONS  97 

whoic  the  experience  of  the  ccuntry  with  the  Kevohitionary  i.en- 
^lon  lau>  should  have  funiishe.l  much  vahiahle  ^uuhncv  an.l 
uarniii;,'  in  the  framing  :ui<I  adniinisttation  .,f  Civil  War  pen- 
M-.n  laws.  Init.  as  a  matter  of  fact,  this  early  e.xi>erience  was  prac- 
tically ijjnoretl. 


■ri 


m 


CHAPTER  IV 

Regular  Army  and  Navy  Pension» 

iVii-inn  provisions  for  the  re,t,'iilar  army  were  iiu-lucled  in  tlie 
act  of  April  M).  17')().  to  rej^iilate  the  military  estal»li^hmeiit  of 
the  L'nited  .State>.'     Liter  laws  lixiiij,'  the  military  ])eace  estal>- 
lishment.  or  raisin;,'  volunteers  or  niihtia  for  various  puri»oses. 
coinnionly  iniludeil  a  section  dealini,'  with  the  matter  of  i)ensions. 
Suih   i>rovisi,>ns   were  in   the  ay^refiate  of  small   financial   im- 
portance.     I'lnulamentnl    i)rovisi()iis   apply  in);'   to   rejjnlar   aniiy 
l)en>ions  before  the  Civil  W  ar  are  found  in  the  act  of  March  1(., 
1S(1_'.-  and  in  Section  4  of  the  act  of  .\i)ril  J5,  1808.'    lUtil  ISW.. 
the  invaIid-iH>nsion  rate  for  total  disability  of  officers  was  not  to 
exceed  one-half  of  tiie  monthly  pay,  and   for  noncommissioned 
oliicers  and  i)rivates  not  to  exceed  five  dollars  per  month      The 
act  i>f  April  24,  ISld,  lii>wever.  increased  the  allowance  for  non- 
commissioned otruiTs  and  priv.ites  to  eij^dit  dollars  |)er  month, 
an<l  also  increased  the  rate  for  the  lower  >,'rades  of  commissioned 
oiiiccrs.'     In  cases  of  partial  disability,  a  proportionate  allowance 
vas  made.     I'or  many  years,  the  ^idy  jjiovision  for  widows  and 
orphans  was  a  i^rant  of  half  pay  for  five  years  to  tiie  widows.  .,r 
children   under  sixteen  years  of  a,i,'e.  of  conimissioned  otVicers 
in  the  trooi),  of  tlie  L'nitcd  States,  dyin-,'  in  the  service  in  conse- 
(pience  of  wotmds  recei\ed. 

Since  the  Civil  War  the  "Hicers  and  soldiers  i.f  the  rej,'-ular 
army  have  enjoyed  the  benefits  of  the  very  lik-ral  t^'eneral  law 
l.enM..n  system  wlr  li  is  descrik-d  in  detail  in  I'art  II.  C'ha|)ter  I. 
I'mil  l')04  the  Pension  Bureau  included  the  expenditures  for 
re-idnr  army  i>ensions  with  the  Civil  War  evi)€nditures  under 


'  r.  .V,  St,iliit,:K  ,il  lAir<H\  i.   121. 
=  /'■•(/..  ii.  l.L'. 
^  Ibid.,  ii,  401. 
*  Ibid.,  iii.  296. 


.1 


^ 


Ki  '.rr.vk  AK.Mv 


■i:\si()\s 


99 


tlif  tjciu-ral  law.    Si 


ai)' 


■  1  lalili-  1,11  jia^'i-  14(,  ^1 


iK\      ..t  time  they  have  k-ti.  H-i>arately  stated. 


M"iK'r>  and  tlie  aim 


111  the  Initt'd  States  tti 

Ntl'l 


!"«■<  the  iiuiiikT  ,,!  rejfiilar  army 
Hint  |)ai(i  them  from  1"<>4  to  l')W>  imi 


|)en- 

usive, 


i-MliNti<i  ineii'  uf  the  rej^iilar  army  1 


le  retirement  s\stem  li,r  the  ott 


Kers  ail 


a>  a  part  of  the  national  milit 


the  I 


iw.  the  retired 


rmy  has  not  ken  ordinarilv   treated 
irv  pension  system.     In  the  m.-u  of 


and  the  amounts  allowed 


ii-er>  and  men  remain  a  part  of  il 


le  a  run. 


them  are  idn-idered  an 


e\er.  this  retirement  [.ay  at  the  close  o 
ana!o;,'oiis  to  the  ser\  iee-iR-nsi.  .ns  of 


i-idered  army  |>;iy.     How- 
'  -i  loiii;  militarv  lareer  i-, 


on  tl 


le  retired  list  of  th 


iin>|H.'an  armies.     iVrs 


Tinted  St 


e  armv,  iia\  v. 


;ite 


marine 


!• 


s  are  not  ordinaril 


roin  time  to  time,  the  ser\  i 


y  |>ermi;ted  to  rv 

es  of  the  re^,'ttlar  arm  I 


ions 
'i   the 


■ceue  pensions. 


supplemented   l.y   militia   and   volnnteer- 
s|.ecial  emer-rauy.     F'rior  t,.  the  (  iv  il  War,  the 


lave 


called   upon    tor 


iieen 
onii- 


act  of  .March  ]h,  ISO' 


were  frivinent 


provision,  ,,f  tli( 


,'enc\   force- 


In  time  of  war  th.     vi 


y  extended  to  snil)  e 


■mev- 


liers  of  both  the  reijular 


allowed  h  df  pa\   for  live  years  ii. 
and  orphans  of  commissioned  oliicers 


iilows  .luil  ori)hans  of  private 
ind  the  militia  were  nsnallv 


.le  same  manner  as  th 


halt   )ia\-  \\;i. 


the  act  of  June  .V   1X58,  jr 


'ften  continued   front  t 


.ujranted  to  al 


e  « idow . 
|w>n  it-  expiration,  thi- 


•'.\ciint,ill\ 


r 


inie  to  tiiii 


and  minor  cliildrt 


111. 


stir' 


under  the  provisioti 


n,  who  had  heeii  allowed 


of  snch  half  [)a\  t 
'Ih 


s  of  any  pre\ioiis  Lietieral  ' 


r.'  h 


w  idow  s 
ilf  iiav 


'>  Commence  from  the  d.alc  of 


u\ .  a  coiitimianci 


IS  pension  was  to  Ik-  paid  t.,  widows  d 


tlic  !a^t 


I'avmeiit. 


there  was  n 


nrin-  lif 


o  widow 


imiior 


L-hil.l 


'r  in  case  of  her  death  or  rv 


c,  and  where 


rcii  while  iiider  tli-  a"e 


iiiarriaijc.  to  th 


ol  sixteen  ve; 


.»«! 


4 

4 


1.1 


'  Knli>if(l 


S..  act  of  Niarch'V;  mir^^Sui.iZ^i::::':^^^;^'^^'  "'  --n-U. 
^Ac.,,f  March  .,.   im.  r.  S.  S,.,uU.  ,„  L,.,,.'^^,],  m2 
•'  t  ■  -S.  Miitiiti-s  III  I.iir,,,-.  xi,  .1(19. 


llKi   il  I)!  KAI.  Mil  I  1  \K\  "KNSloNv,  |N  1  Ml   IM  ll' I)  S  r  A  I  l-.S 
Navy  and  I'kivatkeh  I'ensikn  l'rM>s 

W  liilc,  to  a  larKf  extent,  the  jjciieral  pension  laws  ni  tlu'  rnitcil 
States  Iia\c  applied  to  army  ami  navy  alike,  there  was  developetl 
early  in  our  liistury  a  si)ecial  plan  for  payiii;,'  navy  pensions  out 
>.]■  ui'uls  derived  I'mm  the  ^aie  ut  prizes  taken  at  sea.  Navy 
pension  laws  were  Ions,'  iTineij)all\  concerned  with  the  forinatioii. 
.idmini^tratioi).  and  u^e  of  the  funds  known  a>  the  navy  and 
privateer  pension  funds,  'ihese  funds  were  adniini>lered  apart 
from  the  jjencral  pe!":on  system  until  after  the  C'ivd  War,  and 
therefore  reipiire  ^ep.irate  consideration. 

L'nder  the  continental  tdn;,'ress  provisions  had  heen  made  for 
the  payn-  -nt  of  part  of  the  i>r(>ceei'>  of  prizes  take-i  hy  the  nav\ 
to  di>aliled  olVicers  and  bailors  and  to  the  widow>  and  children 
I  if  the  slain.  Such  p.aynients  of  prize  money  on  accmuit  of  di--- 
;ilnhl\  or  rleath  were  to  U'  deducted  from  the  h.df  pay  onlinaril' 
allowed  '  [roin  the  estahlishment  of  a  naval  armament  in  l"''l 
u]>  to  .ihont  1H(H',  disability-pension  provisions  were  made  for  the 
■  .tTicers,  marines,  and  seamen  f>f  the  na\y  in  the  same  m;imier  ami 
at  the  same  rate  as  for  the  reijular  army.  1-iws  of  17')'*  ,iiid 
li^lX),  for  the  government  of  the  navy  of  the  I'nited  .States,  estah- 
lishcd  a  navv  jiension  fund,  which  was  to  Ik-  m.ide  u|>  of  the 
Ljii'.ernment's  share  of  money  accruin;;  from  the  sale  of  prizes 
taken  ;it  -t-a  l>v  vessels  of  the  navy."  This  fund  was  intended  to 
1  ro\ide  h.ilf  p:iy  i>ensions  for  life,  or  during  disahilit)-,  to  a'.l  dis- 
.ihled  ottlcers  and  men  of  the  na\y.  Tf  it  should  not  prove  suffi- 
cient for  the  purpose,  the  pulilic  i.dth  was  i)led.ced  to  make  u|> 
the  detkiency.  The  .Secretary  of  the  N'avy.  the  .Secret.iry  of  the 
Treasury,  and  th.e  Secretary  of  War  were  made  commissioners  to 
mana.:,'e  the  fund,  with  the  fluty  of  prc.sentinj,'  an  animal  report 
(f  their  operations  tri  Ci   .'.^ress. 

In  Tanuarv,  1811.  the  fund  consisted  of  S132,700  in  i^overn- 
!:ient  stock  :ind  Sr>0.nOO  in  hank  stock.     There  were  ^.^  |)ension- 


1  l,:iiriu!h  i<f  the  Ci'ntint-iital  Cnuan-s.^.  N'w.  38,  1775.  iii,  .W(-,^S7 ;  .AntTint 
26,  1776.  V.  70.V 

'!',  S,  Staluirs  .It  J.in-'ir,  i.  7(l<';    n,   .=  .V 


W.  V    \M>  l'l<l\   \TI!  l;    n  NSIoN   I  I  NHS 


101 


rr^  ulio  hicivimI  aUnit  $",•»»>  aiiiiiially  '  Tlie  activities  of  tlic 
War  iif  \H\2  bioii^lit  alwrnt  a  npul  i,'ri)«ili  nt  the  I'liinl,  and  tl'.c 
income  from  investment^  was  CMii^ideratily  in  excess  of  tlie  .utlav 
for  in'ii'.ions.  in  a'tdition  to  the  in\aliil-]xrnsions  which  had  lieeii 
ri  charj^'e  on  the  fnnd,  laws  of  \H\^  and  1814  s;rantcd  lialf  paN 
jK-nsions  for  ti\e  years  to  the  widows  and  i>r|)iians  of  tiiosc  wii  i 
should  die  hv  re  (son  of  wounds  received  in  the  line  of  duly  in 
the  na\y.  (hi  January  15,  ISIT,  the  fund  owneil  $4''5.it(M)  in 
.V'overnment  stock,  $'>1,6("H)  in  l)ank  stiK-k,  and  $7,V()<)(>  oi  i)ri/e 
and  tither  money  was  due  the  fniid,'  'Ihe'-e  were  at  that  fine  .^27 
navy  iHjnsioner^  who  received  annually  .S27,()0<). 

In  '817  the  provision  of  half  pay  i)ension>,  for  tivi  years  to 
.vidows  and  orjihans  was  broadened  to  inchule  cases  where  the 
death  of  the  otVuer  or  seaman  iKcurre<l  "in  conse<|iieiice  of  dis- 
ease contracted  or  of  casualties  or  injuries  received"  as  well  a« 
in  con«e(|uence  of  wounds.  This  provision  made  too  larije  :. 
demand  uixiii  the  fund  and  was  re])cale«f  in  1824.' 

A  !  the  half  (xiy  pensions  for  widows  and  oq>hans  expired  from 
time  to  time,  they  were  lusually  renewed  for  i)erio<ls  of  live  vears. 
.\fter  181,V  the  laws  on  this  subject  were  numerous  .and  com- 
plicated hut  not  of  sutTicient  imjxirtance  to  warrant  a  detailed 
account  of  them. 

The  history  of  the  navy  pension  fund  was  not  without  ditticul- 
ties  and  sc;.iu!als.  In  their  rei>ort  for  1815,  the  commissioners 
of  the  ftm<l  c(.mj)lained  of  delays  on  the  part  of  officers  who  were 
charged  with  the  prosecution  and  sale  of  prizes.  .Xrrearaijes  of 
prize  money  due  tl'c  fund  were  unpaiil,  and  it  was  ditVuuIt  to 
secure  a  punctual  and  faithful  accountability  on  the  part  of  the 
officers  who  held  the  money  in  their  possession.*  Conjjress  si»n 
after  passed  the  art  of  .\pril  16.  18K').  which  made  detailed  pro- 
visions for  the  collection  and  payment  into  the  na\v  pension  fitiKl 


■|  ■  • 


d  . 


mt^ 


:,  U 


'  ./)HcriV(?ii   Sliite  Piifi'i's.  Saval  .iff airs.  i.   '20-2,10. 
-Ihid..  i,  4M. 

Tiini-rrnipn  navy   fiin<l   pciisinns   tn   widows  and  rirphar       sec  .ttmricjn 
State  I'afi-rs.  XaTol  Affairs,  iv.  489. 
*Ibid..  i,  J80-381. 


1 


f     I. 


102  fedi-:kai.  Mii.iTAKv  i'f-:nsi()ns  in  the  umtkd  states 

of  the  goveninient's  share  of  ])nze  money,  ;ii'  1  furnished  means 
to  enforce  obedience  to  the  law  un  the  part  of  nej;lij;ent  or  di--- 
honest  oflicials.  In  IS.U  tiie  Secretary  of  the  Navy  was  made 
sole  niana},'er  nf  the  fi.nd.  Tlie  proiJcrty  of  the  fund  was  tn  be 
held  in  custi)dy  by  the  Treasurer  of  the  L'nited  States,  and  tiie 
Secretary  of  the  X.ivy  was  directed  to  invest  the  cash  b.ilance  on 
li.'nul,  and  all  nii>ney  that  mii^dit  arise  to  the  fund,  in  sttK'k  of  the 
bank  of  the  Tnited  States. 

Durinji'  a  lari;e  part  (if  its  history,  the  accounts  uf  the  tia\y 
pei;sii,n  fund  were  kejit  in  so  irre^tdar  a  way  that  it  wmdd  lial'tle 
an  expert  accoinitant  ti>  j)re])are  a  cnniplete  and  accurate  stateuic^n 
of  its  tinaucial  histnry.'  \  re|iort  of  the  \a\y  Department  of 
I  )ecem!>er  *■.  IS.^l,  presents  the  be>t  a\ail;d)le  information  ret^ard- 
iiij,'  the  fund  fnmi  it^  establislri'eut  tn  that  date."  .\  summary  nf 
the  fact^  fiilliiws ; 


Nnviiiii   n|    fund   :::    >!i-i;"i'    Isl  i j:.i.'S.ii7''.  l.i 

ICic-rivii!   i';-.iin  ^;il     .a"  lui/c  ^  -iinv  January   1.   1K14 4.t1,(i'M..-1 

linrrc-1   f\i   >.>ink-   anil   liank   (li\i(Kii(l-    I'rnin    lann,ir\    I. 

IKl-t.  t..  I)ucii'il..r  (I.    IS.il ." .  SJJ.IKtSJl 

Xfl    iidu\-  on    purclia-i'   i<i   -tin'Vc^    I'rcitn    lannar\    1.    1H14. 

to  D.criiil.cr  '..  I8,U ".  .  .      .'. •42.7.^11-1.'; 

Mi>C(llaniM.iis    l.=;.'M()ii.^ 


'i'l'tal  anmnnts  accruinj;  (■■  tiii'  Itnul. 


..-•l,r.(il.(l'«..l.=; 


l"]*  ti>  the  same  date,  there  had  been  ]>.'iid  out  i«f  the  fund  i'  r 
pension--  ,<.^S4„Vih.o2.  .\  lo^^  ,,f  ,<'"i.5()J.M)  had  been  suffered 
on  acc<innt  of  tlie  cost  of  st(K-k  owned  by  the  fund  in  the  ( "olumbia 
l!ank  which  failed.  ( )ii  I)eceml)er  l>.  18.^1.  the  fund  owned 
l'nited  States  and  bank  stocks  of  tlie  nominal  value  of  Sl.tHKi,-- 
.SSii..^S  .and  cost  \alue  of  .>><)Sl)„i5''..W  Its  income  in  18.M  was 
.S4.^._M7.<  •".  and  the  expenditures  for  pensions  and  incidctual 
exiR'uditnre^  in  that  \ear  were  :ux>\n  $,M),0(M).  In  IS.SO  there 
were  4(i.i  iti\  aliii-pen^ioiurs  of  the  navy  and  7,^  widows  and 
minors. 


'  .An   ai'Conii!   of   tlie   irrcLinlaritic-^    in   tlir  niana^'cnicnt  ol    tlir  navy   iic^ion 
luu'l  may   1^    louiid  in  .hii,ri<aii  Slatr  /'(;/>. r.f.  .\a:tit  .llhiirs.  iii.  4''.'- 5+.. 
-  .liiurUiiii  S'utr  /'d/'i'ii,  .Wnul  .Iffairs.  iv, 


N.WV  ANt)  rRI\ATKi:K  FM^NSION"  IINDS 


103 


The  fact  that  tlie  income  of  the  fniul  in  the  early  thirties  w.i- 
nmch  more  tiiaii  a<le(|tiate  to  the  demands  upon  it,  and  tiial  the 
innnlK.T  of  nav_\  invalid-pensioners  was  declining;',  led  to  a  liheral- 
i;:ati(>n  of  the  navy  ])ension  laws  which  was  e\entnally  disastri  \!> 
to  the  fund.  An  act  of  June  3(\  IS.^4,  restored  tlie  pro\i-ion> 
of  law  which  jjrevailed  lieiw.een  1S17  and  1SJ4  li\  ,y;rantinL;  ]'i".\- 
sions  to  the  wiilows  of  ofiiec-r-.  and  sailur-  who  died  in  the  na\al 
sers  ice  >ince  januar\  1.  1S_M,  nr  who  mii^lit  thereafter  die.  ':y 
reason  nf  disease  contracted,  or  casnalties  n  mjnries  receivel. 
while  in  the  line  of  diuy  '  (hi  .\'i'\eml)er  1,  IS.vs,  the  cai)ital  ■..{ 
the  fund  was  .SI  .1  *)t>,J'ii,2X.  and  the  income  for  IS.v^  w;'.>  S;  i  .- 
OS.Vo(>.  '{"here  were  M^h  in\aliil-|en~io!is  chars^ed  uixm  the  iuw]. 
amoimtinij;  .-innnallx  to  Si,\S4_'.  and  ]M)  wi<lows  ])en^iMii>  i. .  i!;- 
ammal  .amonnt  of  S.^(i,_'4!.  'I'lie  act  of  IS.^4  had  con^ideraMx 
increased  the  nnmlier  of  widnw  pensioners,  and  there  were  m  me 
widows  iif  oficer--  who  receixed.  comparativel\  lari^'e  amounts. 

The  na\  \  pension  fmid  was  finally  exh.austed  as  the  re-.nh  <  f 
the  ])assa.^e  'inder  e\traordinar\-  circumstance^  of  the  .'ict  ■  i 
.March  ,\  !.'■'. >r.  whicli  ^eem--  to  have  heen  on  a  small  ^cale  --imilar 
to  the  ('i\il  War  Arrears  Act  '.f  1S7").  '{"he  Secretary  of  the 
Xa\  V  had  prepared  a  new  plan  for  navy  i)ensi(ins  which  hal 
passed  the  .'senate.  lUit  near  midtiit,dit  of  the  last  da\  >  f  the 
session  another  hill  was  snhstituted  as  an  .amendment  in  the 
House  of  l\eprescnt;iti\es  on  the  jjlea  of  retrenchment  and  eo  ri- 
omv.-  'i'lii<  \\as  at  tlr-t  dis;ii,'reed  to  hy  the  .Senate.  Imt.  i>]m  u 
the  itisi<tence  of  the  Mouse,  it  was  iln.ally  accepted  and  hecame 
law.' 

This  .act  of  .March  .\  1S,^7.  -ranted  iHMisii'n>  ti>  the  widnw-. 
and  if  there  were  no  widows,  to  the  children  under  twenty-i>ne 
vears  of  aL;e.  of  all  ol'ticers.  >eamen.  and  m.arine-.  wlio  ii:id  died. 
or  nii,<;ht  thereafter  die.  in  the  naval  service,  ^l  /'(■  /><;/</  iri'ii:  :hr 


■  l',.r  ;i  rt|ii'it  ^ImwiiiK  tin-  ilTi  l^  i.f  llif  act  nf  lS.i4.  ><c  .  I iii.ri,  cr,  .S,.;,- 
I \if ••>■<.   Vdj'ii/  .iffiins.  iv.  8<M-)<^>4. 

-  I'.ipor  .•icr(im|i:inviiiw  tin-  rrin'TI  nt  tin-  Sii'rct.ii  \  "1  tin-  \a'.\  •■  \'f 
!'ri-M,l.iM.  \'..v.  ,>o, 'is.!'),  .sni.i:,-  /',■,.,  Jmli  ('..lu'..  l-i  .s>— -  .  '.  l.s.-'i  \>-iO. 
l),.r.  N'n.  1.  »iiK»  (i<>l. 

'<i'"'i:i.  I,/^.',-.  -Mtli   r-n-,.  2il   Sr~v.  JIS.  Jl'l,  J.li,  Jil. 


I 

ill- 


i 

.  ■ 

■  1 

.Pi 


104   KKDKKAL  MII.1TAR^•  I'ENSKIXS  IX  THK  L  NITKD  STATKS 

dates  of  their  deaths,  and  to  be  half  pay  of  the  navy  as  Mich 
pay  was  on  January  1,  1835.  It  also  provided  that  jiensions  al- 
ready granted,  or  to  be  granted,  to  invalids,  should  be  paid  from 
the  time  idtcn  they  zvere  disabled.  All  inconsistent  laws  were 
re[)ealed.  Thus  the  widows  and  children  of  all  oflicers  and  sea- 
men who  died  in  service  were  pensioned,  regardless  of  the  cause 
of  ilcatli,  and  arrears  were  granted  going  back  to  the  date  of 
death.' 

There  were  some  cases  under  the  act  of  1S37  in  which  arrears 
of  S(),000.  S7M0,  and  $«,()0()  were  paid.  The  numlx^r  of  na\y 
l>en.sioners  wa^-,  increased  to  847  in  1838  at  an  annual  expenditure 
of  $103,120.  .\rrcars  payments  soon  consumed  nearly  Sf^>Ot>.i)'Ml 
r.etwet  ■  March  ,^,  1837,  and  October  1,  1838,  about  .S7_'5,(XK)  >-.{ 
ilie  invested  capital  of  the  fund  was  sold,  and  the  pnx-eeds,  with 
the  interest  and  dividends  on  the  capital,  were  applied  to  the  pav- 
menl  of  i>ensi()ns  and  arrears."  In  1840  the  navy  jiension  business 
was  transferred  to  the  office  of  the  Commissioner  of  Pension-, 
and  the  navy  i)ension  fund  was  finally  e.x'hausted  in  184J.  From 
that  time  until  the  Civil  War,  navy  pensions  were  paid  by  annua! 
api)ropriatinns  made  by  Congress. 

Although  the  navy  pension  fund  itself  had  disappeared,  the 
laws  establishing  it  remained  upon  the  statute  books  anil  again 
came  into  force  during  the  Civil  War.  For  the  sake  of  ou- 
tinnity  of  treatment,  the  latter  part  of  the  historj-  of  the  fund 
will  l>e  given  here  rather  tlian  in  the  chapters  on  Civil  War 
pensions. 

With  the  ojHjning  of  the  Civil  War,  large  sums  of  money  beuan 
to  comt  to  the  government  from  the  .sale  of  prizes  taken  at  se.i. 
Congress  expressly  s.inctioned  the  reestablishnient  of  the  na\- 
IK'iision  fund  by  act  of  July  17,  1862.'  By  OctolK-r  1,  1864.  Com- 
mi-siouer  of  IVusions  Barrett  reported  that  the  fund  amounted 
t.>  :il).)ut   .%.0.v,,n(>0  ,,t   which  more  than  $4,000,000  had  been 


'  r    .S'.  statutes  lit  Large,  v,   180. 

-'  I'or   details   rcg.iriiini!;   the   finan.-i.il   effect?  of  tlie   lot   'if   Mirch   ,\    !.'',V, 
see  rep.irt^  of  the  Secretary  of  the  N'uvy  for  1837  ami  1W8. 
''f.  .S'.  Statuti-.i  at  !.arf/,\  xii,  (W. 


^f^m^vSiimj!aBsmis^jm.«?iJS/^KSs^vi  iaiijiMm>BMi 


s?^3^^:iiS!mgm  . 


XAVV  .\Si)  PR!\ATEF.F<  PF-.NSIOX  lUXUS 


105 


I 


paid  in  cluriiij;  the  year  ]>rece(lin-  that  date.  Invested  at  six  i>er 
cent,  the  fund  would  produce  an  annual  income  of  over  .S303,i)00. 
Xavy  pensions  of  all  classes  on  June  30,  1864,  re(iuired  an 
annual  expenditure  of  only  $17'),000. 

In  view  of  the  !ary;e  amount  needed  annually  for  the  payment 
of  army  pensions,  Commissioner  liarrett  proposed  that,  follow- 
ing the  analoijy  of  the  navy  pension  fund,  a  certain  prr)portion  of 
the  money  accruing  from  the  sales  of  abandoned  or  confiscated 
property  or  land  should  he  similarly  userl  for  the  creation  of  an 
army  pension  fund.  'I'lie  Secretary  of  the  Interior  commended 
his  suggestion  to  the  (.onsideralion  of  Congress,  hut  it  was  not 
acted  upon.' 

The  act  of  July  17.  186J.  charged  only  navy  invalid-jiensions 
u[)i)n  the  fund.  They  were  paid  from  the  ofTice  of  the  Commis- 
sioner of  I'ensions  n»  the  regular  rates  established  bv  the  Civil 
War  pension  laws.  ""ongress,  by  resolution  of  July  1.  18'')4, 
directed  the  Secretary  of  the  Xavy  to  invest  the  fund  in  registered 
securities  of  the  I'nited  St  s.  Its  nominal  income  was  greatly 
increased  liy  the  exchange  the  coin  interest  on  these  securities 
for  legal  currency  of  the  I'nited  States  at  the  existing  rate  of 
premium  on  gold.-  The  income  thus  created  was  so  far  in  excess 
of  all  demands  that  Congress,  in  1866,  charged  upon  the  fund 
the  payment  of  j)ensi')ns  to  navy  widows  and  deiiendent  relatives.^ 
By  1867  receipts  from  prize  money  and  surplus  income  had  in- 
creased the  capital  amount  to  $13,000,000,  and  there  was  an  un- 
in\ested  balance  of  $229,000. 

Congress  provided  in  1867  that  seamen  and  marines  who  have 
served  twenty  years  in  the  navy  and  are,  from  age  or  infirmitv, 
disabled  from  -ta  service  may  iiceive  a  half  pay  allowance  from 
the  navy  pension  fund  in  lieu  of  l)eing  pro\ided  with  a  home  in 
the  I'nited  States  Xaval  .Asvlum  at  Philadelphia.  The  same  law- 
authorized  the  Secretary  of  the  Xavy,  upon  the  favorable  report 


'  O'ticornini:  the  managctrn'nt  nf  tlie  fun.l.   soi-  the  annual   reports  of  tlic 
CnmmissioiKr  of  Pensiniis  for  186,1,   1,%4,  \%S.  and  1867. 
•r.  .S^  Stutitt.-s  nt  I.,irg,\  xiii.  414. 
^  Ibid.,  xiv.  2-^. 


or- 

I 
■-'; 


l\' 


3 


i 

i 

i 


jjj^^^\^::i' 


]()(,   i-HI)i  KAI.  MIL1T.\RV  I'KNSIONS  IN  THE  UNiTlCD  STATK S 

c'f  an  exaniiniiiy  lx>arcl,  to  make  an  allowance  from  the  fimd  to 
disabled  >aiiors  and  marints  who  ha\c  served  lor  a  peritKl  oi  not 
less  than  ten  years.'  !'>>  the  naval  appropriation  act  for  187t»,  the 
future  support  of  the  Xa\a!  .\\vhim  at  I'hiladelphia  \va>  made 
a  iliar5;e  npnu  the  income  of  the  navy  i)ension  fund." 

1  he  naval  |)ri/es  ot  tin.  Civil  War  Imilt  up  the  fund  to  S14. 
Orii.oU'  iine^lcd  in  L'nited  Stale-  U^nds.  In  ISliS  Con^'ress  re- 
duced the  rate  i  intere-t  on  the  fund  \>>  three  i>er  cent  pavahle  in 
lawful  UKiney.  in  (■on>e(iUi.iii.e  nf  the  !.;real  increase  in  eNi>endi- 
lu-e.s  for  (  ivil  War  i>cn>i(iii--.  the  incniiie  of  the  fund  has  l>een 
>incc  IS/'ti  inaddiiiale  1"  pay  all  n,i\  y  pensions.  .\  provision  '-i 
liie  aa  of  1S(,_'.  j^jctl-iiii^  the  iniiilic  faith  to  make  up  any  deli- 
ciency.  ha-  heeu  hrdUuht  \u\'<  operation.  The  fund  wa.>  si»ni'j- 
what  increased  h^  the  i.ivc--tuieut  nf  prize  money  recei\ed  1)_\  the 
.i^'ovenuuent  "h  accniiu  of  the  War  with  Spain.  its  present 

conditiiii,  the  tart  i.i  the  incnme  of  the  fund  a\ail,;i-.lc  for  the 
]ia\nient  o:  nen~i' u-  is  .'nh  a  -mall  percenta,!;"e  oi  what  i.-  re- 
iji;i'-ed  f'-r  that  puriiose.  -\<  has  Keen  pre\iously  stated,  a  pcr- 
ti.  n  cf  the  inci.-iie  of  the  fund  i-  used  fur  the  support  of  the  .\a\;d 
.\>\lu;:i  at  I 'hiladelijliia.  T'ollowinj;-  are  the  statistics  of  the  u-e 
of  the  incor.te  >  f  the  fund  in  the  ])ayment  of  |>ensions  for  the 
.a-t  se\'en  vears : 


Ti>TM     .VnNI'M.     1' 


I 
l"'(l     

i"'t!     

Vi]A    

"'1=    


Xw 


.\N11    TIM      tllMKimiK 


['KN-,..N     i    I    N! 

N'.iv  y  I'm-ii'ii- 

S.^.,vv=.4.-7 
.-..V;j.4,s,i 

'i,(t21.(>«,^ 

.\Sl(i.47.- 
.\  701 1  "0.1 


Av;iil.ilili-  Inic'iiu 

from  llu' 

N'.Tv\    Pciisinii    I'riul 

J,i63.2'»<» 
.i7M,I.^V 

4(X».(»(i(> 

.l.i.!,H4'> 


'  ;  -  '-.  >  M.ir  ■.■-■  ■■■  ..,.-r.,'.  M..  .'l.--.^ir,  Tii>  law  oarni-  mu  .i  prcnismii  m 
tVit  ait  III  July  17,  IM.J.  i':r  ■itirii4  |i:.ii  tlu-  -iirjiliis  iTioiTiu-  irmii  tlu-  navy 
]i'ii-!in  ii!"il  ')■  alijili' il  '.I'  :'  ■■  in.il;  i  ^  nt'  furtluT  jiriivi-inn  I'nr  tlif  O'lii- 
,.  ;t  I  f  iii-:-.Miil  I'llii'tT-.  -av.irr:  ari'  niari'-.r-."  Thf^r  a!lii'.vaiu-cs  arr  in 
ai  il  lii  •!  Ill  l':i  1  II  -"i'i>  III  w'  ii'!  '.''  ■•  pir-iii:-.  cniio  rnn!  may  lie  i-ntii1i-il  uiiii>T 
1  ti.cr   law  -. 

-'  1  ■     N     S  ;■••;." i-i   I..    .'  ,1  ';,      M     ]7>  . 


:  1-  in 


I 


;  n-li'll-. 


WWM<K^^^I^- 


^?^S^^'5^^^^'^^5^^ISP 


x.WY  AM)  i'Ri\  atki:k  pic.-siox  ihnds 


107 


i 


liy  ;m  act  of  jiiiic  2(t,  1812,  a  privateer  i>ciisiiin  luiui  \va>  otab- 
iislicd  uliich  continued  in  existence  nntil  IS.^/".'  Tlie  iiind  coii- 
si.'^'ed  of  twi)  |)er  cent  tjf  the  net  aniouiu  of  the  prize  nimev 
accniinjj  to  jirivateers  of  the  L'nited  States.  i'ensions  were 
paid,  muler  supervision  of  the  Secretary  of  the  X'avv.  to  tlio>e 
who  were  wounded  and  di>,-il)led  on  l)()ard  the  private  armed  ves- 
sels of  li.c  l'nited  States  in  en,i^a,t;enients  witli  the  eneniv,  an'! 
also  to  the  widows  and  (orphans  of  such  as  died  by  reason  of  their 
wounds.  The  fund  vv;is  Tuanai^ed  in  much  the  -ame  wax  a-  the 
navy  jwiision  fund,  and  at  one  time  amounted  to  aliout  S_'(K),(  n  h  t.- 
The  income  oi  iIk-  fund  vva>  not  >ut'ticienl  to  meet  all  claims  upon 
it.  and  it  j^raihially  declined  in  amount.  In  Mav.  IS.v.  the  Last 
stock  owned  hy  the  fund  was  sold.  At  that  time  there  .vtrc 
thirty-six  pensioui-rs  on  the  fund,  and  the  annu;d  ;imouiit  rci|uire^l 
to  pay  them  was  ahotit  ."sJ.VHKX'  The  Secret.arv  of  the  .\;ivv  rec- 
ommeTided  in  1S,>S  that  the  nation  assume  the  ]);i\nieiii  iif  the 
pensions  wliich  h;id  been  s'-pjied.'  Congress  hv  act  of  June  ]r. 
1844,  renewed  the  privateer  pensions  to  he.iiin  with  ItiK  1,  h'^'.v". 
They  were  thereafter  included  in  the  ordinary  pen-^on  .ippropri.:- 
tions.  The  obsolete  i)rovisioiis  for  the  estal>Iislimeut  and  admiu- 
istr.'ition  of  the  privateer  jK'nsiou  fuiivi  still  remain  on  the  statu'e 
1k>i  )ks. 


4.1 

f' 


^ii 


'  v.  S.  .S7ii/M/,,>  al  /.iir,;,-,  ii.  7^'>. 
-  .Iiiui  uiiii  SUilr  I'lif'i'rs,  .Viitm/  .Ithiirs.  i.  (:<•<'  '/i". 

•  Kt'iKirt  of  till'  Sccritiirv  nf  t'  r    \a\v  f .  t   IS.v.     .V.-iiii/,'   />,',■     i~tl'  (' 
M  Scss..  18,?7  !H.W,  i.  Doc!  \.i,   1.  724.  ' 
*  .S.-milr  />,:..  ^.Ml'   i '-ii.l;..  ,v!   .^. --..   IKiK  !Si.',   j.   1)..,      N,,    1,   5'l7 
■'■  r.  .v.   Stiituli-s  al    iMr.ic.  v.  i<(>~. 


K 


-    i      > 


U'i 


^^^^M^^^i 


'X:-W^- 


m 


CHAPTER  V 

War  of  1812,  Indian  Wars,  and  Mexican  War  Pensions 

When  tliL-  regular  army  and  the  navy  were  eniployeil  in  the 
"old  wars,"  which  are  the  Mibject  of  thii,  chapter,  they  enjoyed 
the  benefit  of  jiension  provisions  which  liave  been  described  in 
tlie  chapter  just  precedinj^.  But  tiie  enlari,'ins  of  the  mibtary 
forces  of  the  United  States  iii  time  of  actual  warfare  caused  the 
broadening  and  extension  of  the  ordinary  pension  laws  to  meet 
the  new  condition>  ni  each  case  and  to  provide  pension  l)enetits 
for  voiumeers  and  ir.iiitia.  After  the  lapse  of  many  years,  these 
■■"id  wars"  also  ^a,e  rise  tr,  claims  for  service-pensions  in  acoird- 
ance  with  the  precedent  which  had  been  established  in  the  case 
of  the  soldiers  of  the  Revolution.  The  movement  for  such  service- 
I)ensi(,ns  invariably  met  with  ultiniate  Micces~,  and  the  cost  of 
pensions  of  this  cla>s  was  far  larger  thati  that  of  invalid-pensions 
for  each  of  the  war^  under  discussion. 

War  of  1812  Pensions 

\'arious  acts  raiding  tnjups  for  tlie  War  of  1812  i)romised  to 
the  soldiers  enlisting  the  l)enetlt  oi  the  same  invalid-pension  pro- 
visions as  had  been  made  f^r  the  re;;ular  army  by  the  act  of  1802. 
The  total  disability  rate  for  jjdvate  soldiers  was  five  dollars  a 
month  and  for  commis-ioned  officers  not  to  exceed  one-half  of 
the  monthly  pay.  .\fter  the  war,  in  1816,  a  full  invalid-pension 
for  a  private  soldier  wa^  increased  t  ei::ht  dollars  a  month,  and 
there  was  also  an  increase  in  the  i>ension  rates  applicable  to  the 
lower  grades  of  commissioned  officers. '  The  same  act  extended 
tlie  benefits  of  all  pension  ])ro\isiun-  fur  the  regular  army  to  the 
oflirers  and  soldiers  of  mibtia  while  in  the  service  of  the  L'nited 
States.  Half  \ny  [K-nsions  fur  fve  years  were  also  granted  to 
widows  and  orphans  of  suldivrs  of  the  War  of  1812.     This  half 


'  r.  .s'.  .v.',7.'i<.',-.v 


.\a  ..•  .\;'ril  .'-!.  1.S16. 


■mFs^fm^^s^im^-mmi 


-mm.^^ 


■ifjsf'f^^sismm-- 


m 


WAR  I)!-   If^lJ  I'ENSK'NS 


109 


pay  was,  in  tin.-  (.a.sc  c.i'  the  widww  of  a  private  -uldicr,  re.i,'ularly 
$48  a  year.-  W  licii  >uv.h  liaii'  p^y  ailov.ancc-  Lxpin.'!,  iluy  were 
eventually  reneAed,  and,  befure  the  C  ivil  W  ar,  pen>i((n^  had  hetii 
granted  tUr  hie  tu  all  siirvivin.i,'  War  of  l^lj  widows  whu^e  Ini-^- 
hands  had  died  as  a  result  if  wounds  received,  ur  of  disability 
incurred,  in  service.  Pension  rates  for  disabilities  incurred  in 
the  War  of  \i<\2  were  niruie  e(|ual  to  Civil  War  rate^  bv  some 
of  the  earlier  i)ension  acts  ])a>sed  on  behalf  of  the  latter  war. 

Service-pension^  on  account  oi  the  War  of  IXIJ  were  not 
^i;ranted  until  II-!"!.  With  the  lajise  of  time,  the  niunber  of 
invalid-pensioners  had  become  very  vmall.  and  a  lon.t,'  continued 
a.Ljitatioii  fcjr  service-jK-nsions  finally  met  with  success.  In  askiufj 
-ervice-pensioiis,  the  sur\  Ivors  of  the  War  of  \H\2  ai)i)ealed  to 
the  Kevolutionary  ser\  ice-iK.-n>ion  act  of  l.^.U  as  a  preiedent, 
and  thu>  the  predictions  made  by  >enators  in  the  tlebate  on  that 
l.iw  were  fultilled. 

The  W'ar  of  1,V12  pension  act  which  became  l;iw  on  l-'ebrua'-y 
14.  1871,  was  one  nf  numerous  bills  on  the  subject  prop(Psed  in 
Conijress.  One  subject  of  craitroversy  in  the  debates  on  the 
measure  was  the  propriety  of  includin;;  in  the  law  a  <■  -crilk-d 
■■l)au])er  clause,"  re(|uirinu  ])roof  of  indi;,'ence  on  the  jjart  (if  aji- 
l)!icants  for  i)ensif)ns.  This  would  have  been  similar  to  the  ])ro- 
vision  contained  in  the  Revolutionary  pension  act  of  1818.  j  b  w- 
ever,  the  majority  f::ave  ai)i)ri>val  to  a  sinij)le  >er\ice-pension  act 
without  i>roperty  qualification.  .\s  usually  hapjx'ns  with  pension 
le.y;islation,  there  was  an  underestimate  of  the  nuruber  of  cliiiin- 
ants  who  would  apply  and  of  the  amount  of  exin^nditure  involved. 
In  its  fin;d  form  the  act  of  1871  .t^ranted  pensions  to  all  surviving; 
soldiers  and  sailors  who  had  served  -ixty  days  in  the  W'ar  of  1812 
and  were  honorably  dischartretl.  or  who  had  received  personal 
mention  by  Cnn^rress  for  siK'citic  services  in  the  war.  Applicant- 
were  re(|uired  to  have  been  loyal  durin.LT  the  Civil  War  and  to  take 
an  oath  to  supjx'rt  the  ("onstitutiot^  I'ensidus  were  also  granted 
by  this  law  to  the  survixiniif  widows  (.f  those  who  had  [K-rformed 


■I- 
0 


1  .Act,;  of  April   16.  18Ifi.  ,-!•;(!  .\;.i'il:  ,\   !S17.  C 
2S.=.  .i<>4. 


.^.  S:oluU-s  u.   I A 


^KS»®;?^8»F:  ^Hf»»fl»f»^^  :i  i. 


110  I-KOKR.M.MII.ITAm  I'F.NSIONS  IN  THK  UXITKD  STA'IKS 

tho  rc(|iiirf(l  service,  provided  that  tlie  widows  had  Iietii  married 
prior  to  the  treaty  ot  |K.'ace  and  had  not  remarried,  'ihe  rate 
alloweil  to  l)oth  soldiers  and  widows  wa^  eight  dollars  per  month 
(hiriii},'  hie.' 

.\t  tile  time  ot  the  passa;;e  ol  the  law  of  1871,  there  were  lew 
survivors  ot  the  War  of  JSIJ  on  the  pension  rolls.  The  efi'ect 
ol  this  new  sen  ice-pension  measure  was  promptly  felt.  Within 
ei^lu  months  of  its  passage,  ai)out  ,^_',(WX)  claims  iiad  been  received 
and  a  new  cl.i^s  of  pensioners  had  been  established,  .\bout  _'5,(H>») 
I^Tsons  claimed  as  snr\  Ivors  ami  7.<KX)  jus  widows."  The  numU-r 
of  widow>'  ap])licaiions  was  u;reatlv  limited  by  the  restriction  of 
the  itenelits  of  the  act  to  widows  wlio  had  l>een  married  prior 
to  the  treaty  of  peate  and  had  not  remarried.  Stati.stical  informa- 
tion with  rcfjard  to  the  results  of  this  act  can  be  found  in  the 
table  on  ]>ai;e  1 1,?. 

Mmost  immediately  after  the  passive  of  the  act  of  1S71,  bills 
were  put  forward  in  Toin^ress  in  the  interest  oi  s^n-ater  liberality 
in  pension  lei^isl.ition  for  the  War  of  181  J.  The  removal  of  the 
restriction  on  widows'  per;sions  was  particularh  adv(.cated.  l'>v 
the  later  seventies  the  yronp  of  Washin,i.;ton  claim  attorneys  Ih:- 
camc  active  in  stimnlatint;  the  demand  for  additiiiual  pension 
lei;islatiiti.  and  a  new  War  of  1812  i)cnsion  law  was  one  of  the 
items  included  in  their  protjram.'  The  desired  end  was  t'ma1l\- 
attained  in  the  act  of  .March  '>,  187S,  which  received  commanding 
majorities  in  belli  llou>e  and  Senate.'  This  mea-urc  ojiened  the 
way  {u  the  pension  rolls  to  ,il!  who  could  establish  e\en  a  slii,dit 
connection  with  the  War  of  1812.  Service  for  fourteen  days 
or  in  an\-  enLca,i;ement,  with  honorable  discharge,  L:a\e  title  ti>  a 
iieii'^ion  of  eitjht  dollars  per  minith  duriiiL,'  life.  Record  evidence 
o!  tile  service  and  honorable  dischar.cfc  were  not  reiiuired,  but 
.ipplicauts  nii'..rht  establish  their  claims  by  anv  other  satisfactorv 


'  r   .V.  S:,ilHli-s  III  Lariic  xvi.  411. 

-  Ki-fort  I'f  the  Commissioner  of  I'oisions  for  1871. 

•HioTKi-  I-'..  I.  iinii.  Icng  the  loailini;  Wa.slimgtoii  [  ,l^i.,n  .itturnfy.  ostali- 
lisliod  h\i  \ntintuil  Trihu;.-  in  Dclnlior.  1877.  in  its  i-irly  iiiinibtTS.  tlii>  inih- 
Hratioii  nr^cd  tlic  cnartmcnt  of  adflitional     War  of  ISIJ  pi-iisioii  le^iiilation. 

'(".    .V.    SliHuti-S  III    l.tirrjc.    .x.x.    27. 


"■s^s^^^^'s^s.^sft^  ^*«?aN»g^^^^??s^fK^* 


\V  \K  I  i\'  IHIJ  I'KNSP  INS 


111 


tc-tiiiU)iiy.  riic  Mirvivinj;  wiilij\v.>  i>i  perMjiis  \vlii>  had  iK-rtoniied 
tlie  ret|iiireil  service  were  ciititled  to  he  iKMiMuiied  at  t!u'  >;iine 
rate.  In  this  law  the  restriction  a>  tn  the  date  of  tile  wulow- 
iiiarriaj,'e  was  reiiiovtil,  and  iieiisi^ns  were  provided  I'or  widows 
uiil)or,i  wiien  the  war  uas  ion,i,du.  L'..n),'ress  accepted  the  ar^^ti- 
metit  made  in  the  ile!>ates  that  "the  affectionate  nnni>tratiuii>  of  a 
devoted  wife  diirinL;  t!ie  decliinni^  years  of  an  inhnn  and  too  often 
destitute  and  -ntUrin^^  soldier  >liould  receive  >onie  recojjniiioii  on 
the  part  of  the  j;()\ eminent  created  and  established  by  their  [si:] 
valor  and  ser\ices  in  the  field."  However,  the  law  jirovided  tiiat 
ren  arriajje  should  terminate  a  widow's  iRMision. 

Ilesides  shorteninj^  the  necessary  tenn  i>f  service  to  fotirteen 
days,  the  act  of  1S7S  alN)lishod  the  requirement  i>f  lov  iltv  durini; 
the  fivil  War.  Provision  wa>  made  for  the  re>toration  to  the 
rolls  oi  all  War  of  I.SIJ  iicnsioner-.  whose  pensions  had  la-ei! 
stopjied  l>ecatise  of  di.loyaltv.  In  ca^e  pensioners  thu>  stricken 
from  the  rolls  had  died  without  restoration,  their  wulow^  were 
.t>:iven  the  ritjht  to  receive  i)ension>  under  the  new   .act. 

By  1.S78  claims  under  the  .act  of  isn  were  neari\  e\ha'i-ted. 
In  ;i  little  over  seven  months,  the  Commissioner  of  Pension-  re- 
portetl  that  about  J.^,0<^(1  claim>  had  been  presented  under  the 
new  law.'  .\,ued  survivors  presented  only  about  oue--e\eutli  of 
these  claim>  on  acrount  of  ;i  w.-ir  uliich  had  ended  -i\t\-ti!ree 
years  before  .^uch  a  comlitiou  of  aff.-iirs  w;is  in  uiarked  contr.a-t 
to  th.at  after  the  [jassaLre  of  ihe  act  of  1S7!.  when  the  ,;:rcat 
majority  of  claiius  o.as  bv  survi\ors.  The  chanm.-  v\as  due  !•■ 
the  removal  of  the  restriction  on  the  date  of  niarvir'-c  or  ■\':  lows 
and  also  to  the  ureal  mortabtv  amonu'  the  sur\i\or>.  wh-  bad  all 
reached  a  \  ery  idv.mced  aije. 

There  has  heen  no  further  general  pension  leurislatiou  ,  ,r  ac- 
count of  the  W-ir  of  1S12,  althou-h  the  act  of  March  1<").  iR^^f). 
oiKTated  to  inrrea-e  the  pensions  of  w  ^1.1^,  of  that  war  to  twelve 
dollars  a  month,  and  the  ,ict  of  Senteu'Iicr  S,  101  r,.  provides  that 
such  widows  shall  reeeive  twentv  dollars  per  month  when  the  ■ 


lis 


?  J 

■r.j 


.r 


■  Ri-port  of  the  CommissiiDWr  of  Pi'iisiotis  f,ir   187.?. 


ii 


':mii^s^f^:^ 


IIJ   I  I.DIk  M.  Mill  I  AU'N   I'lNMiiNS  IN  rHKl'M  li  l)N-|  \  |  ks 

have  riailiiN;  the  aj,'f  of  sovcnty.  The  hi^t  survivii)^'  jK'iisionctl 
Miltlior  .)!  the  War  of  181J  \\a>  Hiram  Crouk  of  \va,  <  )iu'i(la 
Coiiiity.  X.  \'.  He  died  May  ]^,  l'H)5,  at  tlie  .i,i;e  of  about  1(»3 
year>.'  On  June  M\  1''10,  more  than  a  century  after  the  close  of 
the  war,  115  widow-  remained  mi  the  [tension  roll.- 

i'"\act  information  as  to  tiie  cost  of  tiie  invalid-pension  le,y;isla- 
tion  for  the  War  of  IMJ  is  ncjt  a\ailal)le.  The  service-ix-nsion 
laws  of  1871  and  1S78  ha\e  resulted  in  total  esiienditures  of 
alKHit  $46.(H)0,0l)().  The  l<.lIowin-  table  exhibit;  the  detailed 
results  of  the  ojieiation  of  those  laws: 


'  krprrt  (if  till'  (".  ;il);r.(.wi  iK'r 
-II'J.  f  .r  1<M(.. 


/  /'■ 


I'i>5,  .V. 


»-f''.>-aKW.-  wSm- 


i^ap5«ra?^<i.i;;EB5^''-^t^^§s^iKSr-'!:>  ^?r^$:^  .y^w^* 


\\'.\U  OK  IHl.'   l'i:\S|()NS 

WaK  t)t    IMIJ   I't.SMii.s,    Sl.Nct    l,-i;|i 


113 


liMal 
N  lar 

1K71 
IH7J 
187.! 
IM74 
1«75 
]H7i, 

ih;7 

1S7K 
\H7'} 

IKMI 
IKSl 

lS«.i 
1H«4 
1885 
ISW)    ! 

1887  : 

1888 

I88<>  ' 

18'(()  I 

1801  \ 

we  i 

18W    i 
1894 
18V5 
18<*i 
1897 
1898    i 
18<*9    I 
I'^KI    I 

\'m] 
1 '*(».?  I 

I'lM 
l'*i5 

l'«17 
1'«I8    j 
I'H)")    I 

I9in 

1911 
191.> 
l')l,l 
1914 
1915 
191  (, 


\ii  ..t  I'liisiom  .- 1 
Siirvivi.rv  |V\  nlmv* 


17,llK( 
\H.iH, 
17,'>Jil 
15,875 
14,Jlk, 
I-'.HIL' 
H'.4<l7 
U.dJI 

hm.vs 

8.898 
7. 1,(4 

4.9,n 

.!,898 

J.945 

1,5.<9 

l.<k,9 

8<>f, 

(M 

41.i 

J84 

1(.5 

86 

45 

21 

14 

7 

.i 

1 

1 

1 

1 

1 

1 


.i.(L7 
5.05,! 
5.,!1J 
5.1(k! 

4.987 

.i.7.'5 

J1.194 

i4.75<) 

2(i.(»j9 

.'4.(i()l 
21. .!.!(. 
19,512 
17.212 
l.!..i97 
ll.8.!l 
10,787 
V.<*4 
8,f,10 

7,.=;')0 

(1,651 

5,425 

4.447 

.!.82(. 

.?.287 

2.810 

2,4<i7 

I,W8 

1,742 

1.527 

l..!I7 

1.115 

918 

776 

(rfiO 

558 

471 

.i95 

.v!,S 
279 
2!S 

170 
l.!4 
115 


M  KmIK   I 
lolal 

72/ 
20.127 
2,!..!19 
22  9.!J 
21.0.!8 
19.19.t 
17.411 
I4,l,!2 
!2.815 
.;4.888 
,!4,927 
.!  1,795 
2(i.2')7 
2.!,410 
20.157 
14.9.!/) 
12.'J>iO 
11,. 59.! 
10,  .567 
9,02,! 
7.874 
(),81(> 
5.511 
4,492 
.!.847  ' 
.i..!01 
2,817  1 
2,410 
1.<>'«J 
1.74.! 
1..52S 
1..518 
I.IK. 

<»I9 

77(. 

(/lO 

55,S 

471 

.'95 

.!,!8 

279      . 

2.W 

19<) 

170 

l.M  i   . 
115      . 


.^111  \  iwrs 

}2,5.ri  05 

1. 977. 51 4. M 

2.(i78.(iOii,9H 

l,588,,S.i."(5 

I,.!55  .5')"(8/i 

1,08'<,(M7.18 

9,M,(i57,82 

7(,8,918.47 

l,014..525.(i(. 

7''0,710.!9 

(21.ol2.80 

478.274  85 

.!57,.!.i4.81 

278,888.85 

207,782.80 

144..!89.59 

105.8,!7()1 

7.!.(.59.48 

52.81 10,27 

,!8.847.(W 

22.^04  (>4 

ll>*i8.9.i 

10,494.27 

.5..!12.2<» 

.l.58,!.27 

1.972  27 

1,440.00 

791.00 

19.5.1.? 

'Xi.OO 

'^).(X) 

IIWU  I 

.!42.9.! 

.ilKKK) 

.'(X)O(' 

4,-<0 


l'..\|ii  i"liliirv  s 


S-.MKKt 
.!,i5,'^/.!  (I.!  I 
98'',. !().!. .5v 
(il(>,01(,,4(i 
5,!.!,lHKi21  i 
445,772.95 
.t(il..M.'J9|  . 
294.572 1 15 
2.1''2.'.'y<A54 
2,(i.^'i.(i5,s.l4 
2,.!81.800.95! 
2.024.207  (kt  i 
I,882,.542.41| 
l,(>8(i..!(,2(W 
1,518202.!9 
1.4.=;8,8%.44| 
l,7(i5..5,MJ..!f, ! 
l,.S'*i.(,(M.%; 
l,.!97.4,vi7.(W 
1.2(i,!,2.i9..!7 
1.04<  1,284  41 
827,(),'«»,5.! 
721,0(4»..!2 
(45.297  4*) 
.541.9J,i.48^ 
4.5(,,847.()I 
.188.291  95  . 
.147.070.15  j 
29.1.CW.48 1 
248,'(12,(p7i 
21o.7(.(M)4 
18,l..=4ii  1.! 
l('O.557.20 
14(1. 27!  94 
1I,!.719.M 
li!!.J7,i47 

8.\,\;i  1,1)0 

6S.7i:(i.O0 
(.2.7.!1  (,0 
5'.279.<X) 
44..-47.4.=; 

r.^i9.jn 

.!2  171.07 
27.- •2.40 
22  .U^ '«) 
l.>-'«J«fK) 


S\('(j'i05 
2..!l.i.4<i';.47 
2. 7(i7. 910,57 
2.2(t4.849..i5 
1,888  (,«Kt.l,7 
1..^^4.8l0.1.i 
1.29{,_'(<,7.! 
I.IK),!  -I'*  1.52 
.(.207.225  20 
.!,448, 7(^,5,! 
,!.00.!.41.v75 
2..^i  12  482,48 
2.2.19.877.J2 
1,"X)5.1Mfi;4 
1,725.985.19 
1,()(>.!.28<..0,! 
I,871.41'^.7 
l.()7o.2(.4.44 

1.4.5<l._'87..i() 

l..!02.i:8/,,4() 

l.(Ki2, 7X9,05 

K.:8,'.89,4«) 

7,il,554..^9 

,54.=  .,=(k..75 
4.58  8!''8,^ 
.l.'~':7  1  ''5 
.!47.'-'  121 
2<>.!.J<>081 
J4i,i»'v(,7 
Jlli..^5...IM 
|S.v'49,U, 
KiO.'tXM,! 
14<)..T»..94 
l^.til'^.'-.l 
101.278.27 
S.'.S.^n.O'l 
08.7(.(..(i0 
(.2  7:i.M) 
=  1.27".<A) 
44..-47.45 
,v,819..>o 

<2, 171.07 
27  5  •2.40 
22  .!4>'  9(1 
I.'^.vij,'-:.!);) 


Hi-. 
■■■! « 


■  1 


-  c 


"r"tnl ?14.019.7.'(,.48    <:,'il,972  1197  28    S:45,99!.74,'.7,, 


'  Compilfd   from  the  rcporti  of  the  Commissioner 


■f  r.- 


4 


,'^^rw/fm&'^/^:::7mmm:r^';3S£ifmiu^:mss^^ 


114   IIDIK  \l.  MII.ITVKN  IM.NSION'S  IN  THK  UMTKr)  STATF.S 
Indian  W  \hs  I'knsions 

1  roiii  tiiiif  to  tiiiii-  ill  tlic  history  '«(  tlie  L'mtcjl  Staler,  tlie 
jjttseriiiiiciil  lia>  Ik-ch  cii^iiijetl  in  aniied  i.i>iilliits  with  liDstilc 
liiilian  tri!)fs.  Many  ni  these  (hstuili.iiu  cs  have  lieeii  of  -.ull'i- 
cieiit  im|H>itaiKe  in  U-  ternieil  \var>  It  ha>  U-eii  the  iinilorm 
en>l.>m  oi  I  uni;re>".  to  esleiid  liie  lienelii-.  of  existing;  |)en>ioii 
la\\>  to  soIilier<i  ili>alile<l  in  smcIi  caiiipait;!^  ami  also  to  the  widows 
and  orphan^  of  the  ^I.iin.  An  e  exiiinple  of  >ucii  prou^i■>n 
for  those  entia^ed  in  ti^htinj;  hostiu  hulians  u;us  the  act  of  ISIJ 
for  the  relief  c.f  the  ot'lieers  and  soldiers  who  served  in  f'leneral 
Harrison's  lainpaiyn  on  the  Wabash — the  victors  of  the  i)attle  of 
rip|H.'canoe.  I'roii!  that  time  down  to  the  Civil  W  ar  the  U-netits 
of  the  invalid-pension  laws  were  fre(|ue  tly  extended  to  those 
en.na,t,'ed  in  putting  down  Indian  insurrections  in  Morida,  Illinois. 
W  i>consin  and  other  states.  At  the  outlireak  of  the  Civil  War, 
the  siTMvors  and  widows  of  soldiers  of  the  various  Indian  Wars 
sio<kI  1)11  the  same  footing  as  to  [n-nsions  as  those  of  the  War  of 
IHIJ.  S  e  tlie  Civil  War  the  ijeneraldaw  pension  system,  iii- 
auunrated  hy  the  act  of  July  14,  18()i,  has  embniced  within  its 
lieiietits  soldiers  disabled  in  wars  with  Indian  tribes  and  the  de- 
pendent relatives  of  those  who  lost  their  lives  as  the  conse<ptence 
<  >f  such  ser\  ice. 

Service-pensions  were  not  fjranted  on  account  of  the  Inilian 
wars  until  the  passage  of  the  act  of  July  27,  18'>2.'  This  measure 
was  for  the  InMietit  of  those  "who  served  for  thirty  days  in  the 
r.l.uk  Hawk  War.  the  Creek  War.  the  (  herokee  disturbances,  or 
tlic  I'lorida  War  with  the  Seininole  Indians"  l)etween  IS.U  and 
!S42,  .and  were  honor.ibly  discharijed.  The  act  included  also 
smh  other  survivors  as  had  I)c-en  personally  named  in  any  reso- 
lution of  Coni,Tess  for  any  specific  service  in  the  above  Indian 
Wars,  even  though  their  tenn  of  service  had  l)een  less  th.an  thirty 
(la\s.  rensions  were  also  ijranted  to  the  survivinjj  widows  of 
I>crsons  who  would  have  1>een  etititled  under  the  act,  provided 
such  widows  bad  not  remarried.     The  rate  of  pension  for  sur- 


vnors  ami    wniow- 


as   ei,;,dit    dollars   ]K'r  month    durinj^   life. 
Service  and  honorable  discharj.je  mifjht  be  proved  by  any  sat- 


1  '■.   v.  Sliliitr-  ,it  I.,ir.;,\  xxvii.  2i<\. 


INDfAN  W'AKS  PI  NSIONS 


115 


isUct'.ry  fvidctici'.  and  loyalty  during  the  (nil  War  was  not 

rc(iuircd 

An  act  of   Itinc  27.  \'h\2,  extended  tin-  l«ndits  of  ilu-  al*»vf 

law  to  the  ^iirvi\ni.c  "tfuer^  and  eiili>ted  men  who  served  thirty 
da>s  or  more  nnder  the  Inited  Siate>  iinlitary,  state,  territorial, 

'r  iirovincial  authorities  in  ,i  coii,idcrahle  nuMild-r  of  Indian  wars 
fon;,'ht  i)etween  18i;  and  1K58.'  The  ait  also  iiuliuk-d  the 
widi.ws  of  otruers  and  men  who  had  perfornx'd  the  re(|iiired  serv- 
ice in  these  wars,  provided  the  widows  liad  not  leiiiarried.  The 
provisions  of  the  ;ict  of  1S0_>  uere  also  extended  hv  ai  I  of  May 
.^(\  I "(18,  to  the  Texas  vojnnteer  who  fonpht  in  the  border  di-- 
tiirhanees  hetwecii  18'.=^  and  lH(.n. 

The  servioe-ix-n-ions  of  Indian  Wars  widows  were  increased 
to  twelve  (ioll.irs  a  month  l>y  act  of  April  1'),  p)OS.  and  the  jKm- 
sions  of  snnivors  were  increased  to  twenty  dollars  a  month  hv 
act  of  hVhniary  «).  1'»1J.  An  act  of  March  4.  l')17,  pensioned 
at  the  alH)ve  rates  certain  snrvivors  of  \arious  campaipis  ai,'ainst 
Indians  from   l«.s<)  to  18<)1,  and  their  widows, 


^1 


Imiian  Wars   F'knsiiins  StscK  XmX- 


Fi  seal 


No.  of  Peiisiimrr*  on  Rolls 


^■<•n'    SiirvivarslWi'li.w,     Total  Siirv 


IR'M 
1H95 

IS'W 

vn\ 

!'>f)| 

I'l).' 

I'XM 

vm 

I'XW 
I'>10 

vm 
vn2 

1014 
1<)15 

I'^ir. 


2.544 
,t.I(M 
.1,012 
i,71« 

Y.w) 

1,(1.^6 

i..i;ii 
\m, 

'XU 

l„s0.s 

2..\ul 
2.2(i<) 
-',17,? 

2,m7 

1,S.'0 
1,744 

i„=;n) 

l.,W 
1.210 

l.O*!*. 

'»!,=; 

7.% 
67C, 


1„IW 
.1,2X4 
,1,')1 1 
4.2.!7 
4,2«S 
4,0».7 
.1,K<« 
.U.V) 
.i.47'l 
.V,120 
XW) 

,V.sl') 

,t,4<il 

^^(>7 

.1,201 
.1,1  MS 
2,881 
2X22 
2  CO'* 
2.4.W 
2  .i.iO 
2.182 
2,(»4(i 
1,'»02  I 


.1,8X2 
(.„WK 
«i,'»2.1 
f>.9,s,i 
'>,'>()1 

(,m'-> 

.s  s,s5 

.MW 

4„s(o 
4,22.! 
4.7,14 

.s,88/, 
.s. 7.11 1 
.\,54(l 
.s,20H 
4,8,18 
4,(.2.=; 
4..182 
4,0  If, 
.1.M'» 
.1„1'*i 
.1,0''7 
2.>^.'^2 
2,.^7S 


$l,1H,07f._Vi 
.f77,8ai,^7 
.?0R,.i6,s.24 
2(>8,778  .10 
227..V«),4I 
18'>.Q81,,1<> 
l(i,s.,127()l 
1.18.142X2 
lll,'>7.1i»l 
87,'*i8.H<) 
lll,7(..r2S 
,14'>..=4i».?,i 
270  7,i7.'),( 
2,^1. '1^^184 
220.4(,7  88 
20,r2Si(.(u 
l'(8.'!.V84 

U>8.(>l.S.>4 
14^s:'(M 
17o,2"_'72 
22.\('(4.>« 
1'>''.77J.<(() 
I7.1,41,r4<. 


Fxpendiniris 

Widows 

Sf)f.,4.14(),i 
4  Mi,f, ,;_>.',; 
■Ut'l.UAJi) 
4<>8,f,<M  44 
442,082  76 
418,<W7,1s 
4<U.871,74 
.17'',0.15O7 

.f.M.OUl.s') 

.LM.IKUK) 
,iOH.442  74 
.1'*i,'J,!.10.1 
.<8,^(,,!,;,,7 
.'71.210(11 
.141,77.s.'>4 
.128,(U4,2() 
441..v,2Ml 
4.i7,2!4,v.! 
40»i,.fi>S  2^ 
.v2,.\^0,').s 
.'.^1.,vl.,i8 
.1.14.,^82  s2 
.11.1,'',v1  22 
.i01.6,V,.48 


T,.|.il 

$224.S10.,il 

8.i4,\i,1  82 
777,.^2'i.6,i 
7,17,472  74 

'''r'>,f|/ 1,1,17 

(>nH,iJ7874 
.vi'»,l'»<,7.^ 
.^17.177  8') 
4(>2.'/)0..so 
4I2.I.M.W 
4.'(|..'|W.IP 
74(,,482..i8 
''.Vi,.i71  (>0 
622,874>'.s 
.s'.2.24.V82 
.\i.l..i2.v8.i 
(..!<),,s(ij><.44 
'■2l„S(»'*.,s,i 
.s7,\ii8(i,,s2 
,-21.40,! '»<> 
^27.i,(AM) 
.Vi<i,J47  4i| 
.s1.!,7lV>,IH 
47.^071.'>4 


Tot.,1. 


f1,''18.870.r,    ?«.87I,428,(J1    Sl.i.7';«l.2w,l.; 


'  r.  S.  Statutt-s  at  I.ar,i,-.  xxxii.  3'/i-40(). 

i  Compiled  from  tlu'  reports  of  the  O'ltimissioner  of  Pensions. 


wm^f:^-&^-'m^^S'- 


:.r/ 


T?^'*- 


^^•: 


I  11-  I  i]-i'-N-  ■  r      -I -Til- 1^1^ 


116   I- I'Dl-.KAl.  M  ll.lTAin-  I'l- NSK  iXS  IN"  THE  I'MTF.D  STATKS 
Mexican  W'ak  1'ensions 

\\  lieu  war  broke  out  in  lS4ii  iK-lween  Mexico  and  the  L'niled 
States,  an  act  of  May  ],\  lS4(i,  aiuhorizcil  the  President  to  raise 
volunteers  lor  the  prosecution  oi  the  war.'  A  section  of  this  act 
promised  to  volunteers  who  should  be  wmuuled,  or  otherwise 
disabled  in  the  service.  i>enetit  of  the  same  i)cnsion  provisions  as 
were  in  force  for  re,i,'ular  troi>ps.  I'.etween  1S48  arc!  1850,  se\- 
eral  laws  were  passed  -ranting  fi\e  years'  half  pay  to  the  widows 
and  ori)han>  of  those  whi>  had  died,  or  should  die,  as  the  result 
of  wounds  received  or  ilisease  contracted  in  -ervice  dunn^  the 
war.  In  183S  the  half  pay  of  widows  was  extended  for  life 
and  that  of  orphans  until  they  reached  the  a^e  of  sixteen  years.'' 
.\t  the  time  of  the  Civil  War,  invalid-pensions  were  j^ranted  for 
-ervice  in  the  Mexican  War  on  the  same  basis  as  for  service  in 
the  War  of  ISli  and  Indian  w.irs.  The  earlier  Civil  War  i>en- 
sion  laws  increased  the  rates  for  all  the  "old  wars"  to  a  level  with 
those  paid  on  account  of  the  Civil  War." 

Suon  after  the  survivors  of  the  War  of  1812  were  <,franted 
service-pensions  in  1871,  a  nK)veiuent  was  started  to  secure  a 
similar  law  applyiiii;  to  the  Mexican  \\  ar.  The  question  was 
lonj;-  before  Coni^res.s,  and  bills  on  the  subject  several  limes 
pass'.-d  one  house  or  the  other.  l-Lspecial  interest  was  attached 
to  the  Mexican  War  i)ension  hill  of  1884  which  passed  the 
House  of  Representatives.  In  the  .-cnrue,  that  bill  was  burdened 
with  amendments  lar-cly  extcndiuL;  the  Civil  War  i)ension  sys- 
tem. In  fact  the  amcndirents  were  far  more  imp()rta!n  than  the 
ori!:rinal  bill.  .\s  a  ciin-e(|uencc,  the  bill  which  passed  the  S-natc 
was  not  acceptable  to  the  House,  and,  because  of  the  failure  of 
the  two  bodies  to  reach  an  agreement,  there  was  no  lei^islation 
on  the  subject  at  that  session. 

The  advocates  of  ~ervice-]»ensinns  on  account  of  die  Mexican 


'  (  ■.   .S.    V/,lM(,'('.>-  i!.'    I  i:i;h\  ix,  'J. 

-■  Ihui..  xi.  .lO*. 

:'  .Settle  11  .1  :.•:  tlif  :u'  (.!  July  .2,-,  18'A  S'.iti'.n  13  "f  tlic  .i>-t  .if  July  -'7,  IWxS. 
and  Seiti.-n  IS  .,i  the  ;u  1  .'l  Sl.ircli  .5.  ix;.i,  ['.  S.  Staiiius  Jl  l.niyc.  xiv.  2M^\ 
XV,  i3/" ;  xvh,  57i. 


k  ^''^ 


■^visifimwi^.' 


-^:%t- 


Mi:X!C\\  WAR  pi-\sio\.s 


117 


^,) '""  '''':''■>  •'^''•'■^'^^■''  siux-c-s  in  the  |)as>a,^x"  of  the  act  of  January 
-"',  ISS. .'     'lliiV  l;iu  -ippIiV,!  to  persons  "who  beini,'  duly  t-nlisted. 
actually  >crve(l  sixty  days  witli  tlic  army  or  navy  of  tiie  L'nitcd 
ites  HI  Mexico,  ,,r  on  the  coasts  or  frontier  thereof,  or  en  route 
vreto.  in  the  war  with  that  nation,  or  were  actually  enKa,s,a'd  in 
.  battle  in  saiil  war,  .ind  were  h.morahly  discharged,  ami  to  such 
other  officers  and  -)ldiers  and  sailors  ,-is  may  have  been  ])ersonally 
named  in  any  resulution  .)f  Cnn-ress  for  any  specific  services  in 
said  war,  and  the  survivins,'  widows  of  such  officers  and  enlisted 
men."     Pensions  at  the  rate  of  ei^ht  dollars  per  month  durin- 
life  were  -ranted  to  the  al)..ve  described  persons,  provided  they 
were  either  sixty-two  years  of  a^e.  nr  subject  to  a  disability  or 
dependency  e(iuivalcit  to  some  cause  reco-ni/ed  by  the  jK-nsion 
laws  of  the  L'nued  States  as  a  sufficient  reason  for  the  allowance 
of  a  pension.     \'(»  ikmimou  could  k-  ubtained  by  reason  of  a  dis- 
abdity   incurred   by  the  applicant    while  voluntarily  en.-ai^ed  in 
opposin-  the  I'nited  States  oovemment  durini,'  the  Civil  War. 
Disloyalty  durin-  the  Civil  War  was  not  a  bar  to  a  pension,  Init 
the  act  did  not  include  within  its  benefits  any  person  while  under 
the  political  disabilities  imposed  by  the  Fourteenth  Amendment 
to  the  Constitution,     The  .-ict  did  not  apply  to  those  alreadv  pen- 
sioned at  the  rate  of  ei-ht  dollar'-  per  mouth  or  more,  and,  as 
rei,'ards   those   receivin-    less   than   ei-ht   dollars   ])er  month,   it 
authonVed  only  the  payment  of  the  difference  between  the  exist- 
ing pension  and  eiijht  dollars  per  month.     As  usual  in  such  lei^is- 
lation.   widows  who  had  retnarried   were  not  eli.Lrible  to  receive 
l>ensions. 

The  Mexican  War  iK'nsinn  bill  of  1887  came  to  President 
Cleveland  for  approval  shortly  before  he  received  the  Dependent 
Pension  Rill  for  the  benefit  of  Civil  War  veterans.  Roth  meas- 
ures .<,'-ranted  jx^nsions  for  service,  provided  applicants,  qualified 
as  to  senice,  also  suffered  from  disabilities  in  a  pensionable 
de-jree.^    The  President  si-ned  the  former  and  vetoed  the  latter. 

'  r.  v.  \tiitul,:<  lit  I.drijc,  xxiv.  371. 

-It  was  n,it  ri'iiiiirod.  Ii.nvcver.  tliut  siicli  . Usabilities  be  traced  to  an  nri«,ii 
!'i    militar.v   strvifc. 


^ri 


¥ 


f.m 


i:  I. 


il 


m 


118  FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

In  thus  acting,  he  was  charged  with  inconsistency.  Hi>wever,  a 
substantial  reason  for  discrimination  was  the  fact  that  the  Mexi- 
can \\  ar  veterans  were  much  more  advanced  in  "ge  than  were 
those  of  the  Civil  War. 

In  January,  1893.  a  law  was  passed  authorizing  the  Secretar\- 
of  the  Interior  to  increase  to  twelve  dollars  per  month  the  allow- 
ance of  such  Mexican  War  survivors  then  on  the  rolls  as  were 
wholly  disabled  for  manual  labor  and  in  such  destitute  circun - 
stances  that  eight  dollars  per  month  was  insutificieut  to  provide 
them  with  the  necessaries  of  life.  The  increase  granted  by 
the  act  of  1893  was  limited  to  pensioners  then  on  the  rolls.  In 
1900  this  limitation  was  removed  for  the  l^enefit  of  pensioners, 
otherwise  ([ualified.  who  had  l)een  placed  on  the  rolls  after  1893. 
I'inally.  an  act  of  March  3.  1"03.  increased  the  i)ension  rate  for 
all  survivors  of  the  Mexican  War,  entitled  to  1k'  i)ensioned  under 
the  act  of  1887  and  supplementary  legislation,  to  twelve  dollars 
per  month,  irrespective  of  the  conilitions  contained  in  the  acts 
of  1893  and  1900.  The  [xjusions  of  Mexican  War  widows  were 
also  increased  to  twelve  dollars  per  month  In-  the  act  of  .\prii 
10,  VV> 

Survivors  of  the  War  with  Mexico  were  granted  age-and- 
.servicc  pensions  by  tlie  act  of  I'\'l>ruary  6,  l<Xt7.'  The  length  of 
service  required  was  sixty  days  with  an  honorable  discharge.  -\t 
sixt\-two  \ears  of  age  the  rate  was  twelve  dollars  jier  nu>ntli :  at 
se\entv  vears,  fifteen  dollars  per  month:  at  seventy-five  years, 
twentv  dollars  [kt  month.  Pensions  were  to  commence  from  the 
date  of  filing  the  ai)plication. 

.\  ])aragraph  in  the  Civil  War  pension  act  of  May  11,  1''12, 
further  increased  the  pensions  of  Mexican  War  veterans  by  pn- 
viding  that  "anv  person  who  has  served  sixty  days  or  more  in 
the  militarv  or  naval  service  of  the  United  States  in  the  War  w  ith 
Mexico  and  has  been  h(Mioral)ly  discharged  therefrom,  .^hall, 
upon  making  like  proof  of  such  service,  be  entitled  to  receive  a 
pension  of  thirty  dollars  i)er  month."-     Likewise,  under  the  pro- 

1  ( '.  .v.  Stjluti-s  at  iMrgc.  xxxiv,  S79. 
'Ihid.,  xxxvii,   112. 


^^}^:^:f^fmm^:i^fm^ 


-^^ 


MEXICAN  WAR  PF.XSIONS 
visiurn  of  the  act  of  Scpteni'xM-  S,    I'lUi,  the  iieiisidiis 


119 

of  War 


with  Mexico  widows  are  increased  to  twenty  dollars  jkt  month 
when  they  reach  the  age  of  seventv  years. 

Ihe  War  with  Mexico  ser\ice-i>tnsions  have  cost  in  all  over 
fifty  million  dollars.  On  June  M).  l')!6,  'here  were  513  Mexican 
War  survivors  on  the  iH.'iision  roll  and  3.7^5  widows 
statement  of  the  oix-ration  of  War  with  Mexico 
-iiice  188"  follows: 

MiX'iAN    \\'.\«    I'kN<IONS    SlNlK    IXfi" 


'     A  tabular 

H.'nsion   law- 


Nil,  of  IVllsil 'HITS  nil  Ivill'. 


I-is.;iI 
^  <ar    Siirviviiri;   W'iilnws 


IW7 

;s'ii 

IS''! 
IS'"_' 

IS'M 

IK'di 
l,Si»7 

i,s'i<; 

1"(K) 
VH)] 

\'i02 

1<XM 

\')(^ 

li«Ki 

!<xi7 
iiAi<) 

I'Md 

l')ll 

I'M,! 
I9I4 

i>'i,=; 

l'*l(i 


Ifi.Ofid 
17.(1(1.= 
I7.1,^S 

111. .17') 

14,14') 
l.V4(iI 

IJ.,^w> 

IKWhI 
1(I.9_>J 
Kt.OIJ 

XJS2 
7..^().S 
6,S_'8 
S.'XA 
.\214 
4.. -41) 
.1984 

2.'^2 
2.4^') 
2.IH2 
l.fi.i') 
I„U,? 
1,142 


.rl(l4 

(i..'0(, 

'i.7(4 

(i.'^"t. 

7.2H2 

7.MM 

7.(i8<i 

7.S(„S 

H.(»17 

S,(»7-' 

S.14,1 

8.17,^ 

8.1,^1 

8.1(1'> 

8,l»17 

7,"I0 

7.821 

7  fi.^.i 

7,48X 

7.214 

'i.')14 

(i..l.i') 

5.<>82 

.\I2,? 
4.(1')'/ 
4.2.=,! 
,v78.T 


Tdtal 

8,.!<« 
21. IM 
2.5.271 
2.\922 
2.i.,ii^ 
22.4'>7 
21.518 
21.147 
20,4,i4 
l'A817 
18.iy';4 

1S,1.=,= 
17..!7'* 
l'i..^(M 
l.\(i77 
14.,84.^ 
I,\s'74 
l.KU.i 
12.I'A! 
11.472 

\().<m 

''.84(1 
'H»2 
8.4(11 
7.621 
6..866 
6.26.= 

5.S'>2 
4.2')8 


biirvivnrs 


■".\|)i'iiiliiiiris 

Wiilnw- 


S.=;,1148.68 
I.86l.7.=(i,(l7 
1.7'>i.8'/*..?(» 
1,728.(L'7..=4 
1.622.114  7.=; 
1.42.=;.2.=;8,18 
\.MH<..V>2.Mi 
1  .188.7117.117 
'   !'l6'*0.8<i 

'       '>8.i.y.^ 

1..  .18«.,U 
l.'l.!..^l8.6,i 
I.I67.,SiM(,.i 
1.011.,=6,!.74 
'>2I.(I.=2  18 
S74.'M2.1,i 
82ll.4-")..iS 
8,-<5„58(l.44 
7.59.82.1.41 
624.247.7'V 
.=''(1.8.ii>.6I 
7,=;.l."82.()2 
62().6.=<J.'>8 
,^2I..!8.i79 
42ii.22\.22 
.i41. 7.16,88 
411,4l6..!.i 
.'.^4.7'C'.7'* 
277.li2i».2(l 
21,5.118.76 


Ti.tal 

,'f.=  .r6IKi.76 

2.444. S!2.vi 
2.4'«l.47!.r,= 
2.42,!,l  182,44 
2.,517,42').27 
2.111.'^)!  7.=; 
2.I,L'.,v.,=.7') 
2.1'y2.()="'8 
2.2.v.72,vS2 
2.1,'<2.7'^2.i!') 
2.097. 7.= J  I IV 
2.i)fiiMit.8.8') 
l.''2.i.662  21 

1.8I.=.812.6.T 
1.71.=..v2  4.^ 

1.66(1.!. =  1,1.88 

I.621,972.,U 
1.678.,^20.44 
l..i-'li.7!8.,=i2 

l..v6..i'y(i..'(i 
1..U8  4W..U 
1,47'J,I4.=,=,! 
1.6l.=,''ii4.'i7 
1.46,!.vV4,(,,; 
1. .522.')  18. 11 
1.168.18.=.!,! 
l,I,8J,,i^)(«I 

1. 060.,= 29.74 

''2.=.,S+i.60 

8(),128()„=4 


l„ 


T"tal ?28.065..?8(».99  '  '?22.^S(\.mH.2.\   f~~'().422.22<)22 


»  AV/i.ir/  of  tin-  C'lnmissionci-  ,-/  Pensions  for  1916. 


m-wm^mmsmw^mmm^m 


ml 


PART  II 

PENSIONS  BASED  ON  MILITARY  SERVICE 
AFTER  MARCH  4,  1861 


&..    ^^fj."^?!^' 


^Miiir^ 


,.:^'-f 


;i^  ■\..ML.mmwim'^mmmMmm^..^M^.  =4^^^::.:^c'-*k 


I 


CHAPTER  I 
Civil  War  Pensions — The  General  Law  System 

The  American  Civil  W  ar  has  iKHonie  :;  rather  renmie  event  in 
histury.  W  hen  in  I'M  3  we  observed  the  semi-centennial  of  Lee\ 
surrender  to  ( irant,  the  worl  1  was  already  in  tiie  a,i;onies  ol  a 
j;i;;antK-  strii.y;;le  between  natioiH  that  has  rele.^'ated  our  civil 
conflict  to  the  list  oi  lesser  wars  (jf  the  past.  Men  now  beyond 
Uie  middle  years  of  life  were  nnlxjrn  when  the  L'nion  and  L"on- 
federate  arinie-;  di>l)anded  and  returned  to  their  homes,  .\fter 
iialf  a  century,  eacii  year  sees  the  ranks  of  the  a!;cd  \eterans 
of  those  armies  relentlessly  depleted  by  death,  llul  this  increa>- 
iuf^-  distance  from  the  jK-riod  of  civil  warfare  and  this  passing 
of  the  veteran  armies  have  not  yet  been  accompanied  l)v  much 
li^hteninj,^  of  the  burden  of  [lension  expenditures.  In  fad.  until 
recently  it  has  been  true  that  the  f.irther  we  have  been  remuxed 
in  years  from  the  Civil  War  the  greater  has  l)ecome  the  iiens!..n 
outlay  conser|uent  upon  it. 

In  1S7(I  the  exjK'nditure  of  the  L'nited  States  i;(ivernment  for 
military  pensions  (exclusive  of  admiriistrati\e  expenses^  was 
S_"'.()0(),Ut)i);  in  IXSd  it  was  S57.(KK).(K10;  in  IS'K)  it  h;id  increased 
to  SlO^dOO.iHiii;  in  lofK)  the  outlay  was  S1.^S.500.(>(H):  bv  l<»]:t 
it  had  risen  to  SKiOj  Kl().()(H);  a  niaxinuim  sum  of  .■^!74,(X)0,()(X) 
was  reached  in  l>)l.?;by  1<M()  there  was  a  decline  to$13'),(HX).<KH).' 
'l"o  lie  sure,  these  amounts  included  a  few  millinn-  \carl\-  for 
minor  w.--  ;,  but  the  jiroportion  of  the  e\]H.'nditure  devoted  to 
Civil  \\;.,  pensions  was  so  larire  as  ti>  make  the  sum  used  in 
pensions  for  the  "old  wars"  almost  ne.^lij,'ible.  Contrasted  with 
these  iniix>sint;'  annual  disbursements,  how  mea<,'er  and  insii^Miitl- 
cant  seems  the  payment  of  only  about  S90,000,0<>(^  in  pensions 
tor  the  whole  [K'riod  from  the  loundint,'  of  the  federal  t^overn- 
ment  down  to  the  openini,'  of  the  Civil  War!'  Since  18fil  ex- 
l>enditures  tor  pensions  have  nileil  up  until  they  amount  to  a  total 

'  Rcf.Tl   ,<f  I'w  C.'iiDiiissi:  lu-r  ,./■  I',-,isu'iis  f.ir  191(>,  20. 
=  I'ricir  to  tlie  Civil   War.  ()5,uO(l,(Ml  .utcs  i.f  linuniy   lan.l  had   also  hten 
Krannd   to   former  soldiers  as   a   reward    for   their   services. 


|!i 


y 


-.■3 

1 


^^^S?!S^ 


!j;    IIDIKM    Mil, I  \lr,   n:\->|(i\>  INTIII-.  rXlllDSTATKS 

HI  I  \(.f.^  ni  ii\i-  l)il!i,m,  (,i  (l,,!lar>.  Xcu  iiiid  uu>u-  lilaral  ,L;r;mis 
li.,\f  (.iiist,intl>  MTMil  to  i.ti"-,i-t  till"  iiini.uls  of  (IcMtli  anion;,'  tlie 
I  ini  II  M'tiraii-  and  llii'ir  widows  and  dependent  n  ative-; 

Mr-  Ih'-tilitic's  oi'  till-  I  i\il  War  iau>cd  no  iH-nsioiuTs  to  1)0 
placed  npoii  the  rnlls  until  after  the  close  of  the  liscal  year  1S(.1 
on  June  M\  There  were  then  some  lO.riK")  |K'r>oiis  on  the  roils, 
of  whom  i>.^  were  soldiers  ni  the  Kevolntion — uhieli  ended  sev- 
entv-ei-ln  \ears  before— and  _',/"J8  were  the  widows  of  such 
>oidiers.  The  actual  outlay  for  pensions  in  ISol  was  $1,()72.U()(), 
and  the  a,i;t;re.i,'ate  annual  value  i>f  the  roll  was  $'^58.i)(M'».'  I'nder 
the  laws  then  in  force,  the  number  of  benericiaries  was  decreas- 
in-  at  the  rate  of  five  or  -ix  hundred  each  year,  and  with  ci>n- 
tiniied  jn-ace  the  pension  system  would  soon  have  Iwen  of  small 
importance. 

The  outbreak  of  war  radically  chaufjed  the  situation  and 
ushered  in  a  new  era  of  [K-nsion  expenditures.  Hull  Run  atid 
other  battles  causeil  the  rapid  (iliny;  of  claims  at  the  Pension 
I'.ureau  by  disabled  s.ildiers  and  by  the  widows  and  orphans  of 
the  slain.  At  first  there  were  no  laws  adequate  to  the  enier?ency. 
The  earliest  pension  provision  for  the  Civil  War  was  containeil 
in  the  act  f>f  July  22.  1861,  passed  at  an  extraordinary  session 
of  Congress  ti>  authorize  the  President  to  accept  the  services  of 
not  exceedin-  five  hundred  thousand  volunteers.-  A  section  of 
this  law  provided  that  all  volunteers  under  its  provisions,  who 
niiilht  he  wounded  or  otherwise  disabled  in  the  service,  shr)uld 
be  entitled  to  the  benefits  conferred  .  in  persons  disabled  in  the 
re:,Milar  aniiv.  The  widows  or  le-al  heirs  of  such  a<  should  die 
in  the  ■service  were  promised  the  sum  i,f  one  hundred  il  illar-. 
in  addition  to  all  arrears  of  pa\  and  allowance-^.  Thus,  at  the 
ven,-  out-et  of  the  war,  invalid-pensions  were  offered  as  an  in- 
ducement to  promote  voluiitarv  enlistments. 

The  pen. -Mu  provision  in  the  act  of  July  22.  1S61.  did  not. 
however,  .ipply  to  the  soldiers  called  into  service  bv  President 
T.incoln's  proclamations  of  April  l.s  and  \1av  ,1     These  were  the 

'  Statistics   from  tlie  Rcf.^rt  of  ll„-  C  'mmis.uo,u-r  of  P,-iisio„s  for  1861. 
-  r.  .V.  Statutes  at  Large,  xii,  370. 


m- 


iHi'  (.i-,\i:k'  \i.  i.wv  sn'sti-m 


125 

'v\  lu'Il 


iiitn  wild  i((iii,'lit  at  Hull  Knii  .ind  m  iiiiiiur  i-ii^a;;i'nn.-iii 
i-laiiii>  uiTc  lili-(|  Ml  their  U-liall',  'M  hu\>  were  ileeiiivd  Id  w.ir- 
raiit  allow ames  in  MMue  ca-e>.  Hut  the  uniertaiiUii-.  and  di-- 
ire|iaiuie-.  oi  existiiij;  pnivisiniis  led  the  L'uniiuissiuuer  ul'  I'eii- 
-lon.-,  to  ask  for  the  proitii/t  enactiueiit  of  exiiliiil  and  detailed 
Ie,i;i>lation  by  C'cjiij^ress,'  With  practically  ii.>  opposition  in 
either  house,  C'unj,'ress  passed  a  new  and  far  reaching;  iieii^ion 
law  which  was  approved  by  the  President  on  julv  14,  ISoJ.-'  Tliis 
beianie  the  iiindaniental  law  tor  all  iH.'nsion  claims  arising;  out 
of  disabilities  or  death  due  to  military  service  after  March  4, 
1861.  It  embr.iced  within  its  provisions  army  and  iiavv  alike, 
iniiudini,'  rei;ular>,  voluiUfcrs,  militia,  and  the  marine  corps.  It- 
application  extended  forward  indeliniicly,  inckidinj,' nut  onlv  the 
L'ivil  War  but  all  future  wars,  or  niilit.in-  or  na\;i!  eiiterpri-e-, 
in  which  the  I'nilcd  Slate>  iiii^lu  U-  cii,i;ai,^ed. 

In  i^assini,'  the  act  of  \Hu2.  t'on},ae>s  founded  what  has  U-en 
called  in  the  Hrreau  of  I'ensions  the  ",i,'eiieral  law  i>ension  -\s- 
tem."  This  w.is  the  only  >yslem  of  pension  law-  in  force  and 
a|>plyinL;  to  the  Civil  W  ar  until  1S"'0.  It  provides  ])ensioiis  for 
.soldiers  who  have  incurred  permanent  bodily  injurv  or  dis.ibiliiv 
in  military  service  after  March  4,  1861."  I'lir  claiiiumt  must 
shoiv  that  his  disabiiity  7i-a<  iuciirrrd  as  the  direct  \nisi\]ur)ht- 
of  the  pcrforniaiur  of  his-  iinlitary  duty.  This  system  also  pro- 
vides tor  the  widows,  children  and  other  dejK-ndent  relati\es  of 
soldiers  who  died  in  actual  military  service,  or,  after  the  close 
of  hostilities,  from  cuiiscs  n'hich  can  be  directly  traced  to  iniuries 
recci"ced  or  disease  contracted  u-hile  in  military  seriicc. 

In  contrast  with  the  general  law  system  is  another  svstem  of 
j)ension.s  which  was  inaugurated  in  18')0  for  the  iK-nefit  solelv  of 
the  veterans  of  the  Civil  W  ar  and  their  dependent  relatives.  This 
latter  system  begnn  with  the  .act  of  June  27.  18'H),  and  has  been 


'1 


i 


t  a 


'  l"or  flinlur  ili-l^iil";  i.f  tlic  -iluutimi.  -cr  (r,;i-Min.  /ItsUny  ,1/  Mitilary 
I'l'iisiini  l.fiit.'Li'Kiii  in  tlu-  I'lr.tcd  S'alrs.  "i-7.^. 

-V.  S.  SUilutrs  at  Lcrtic  xii.  .^O'j-.^i''' 

■''Tin-  i:i'n(.ral  !.uv  peiiM.iii  ->-Uni  .ivpliol.  tiiorefiTc.  to  sir\iof  in  tlie 
ri'Kltlar  army  and  navy  an<l  !"  the  War  with  .Sp.iin.  It  was  in  lull  furif 
when    the   United    Slates   enterol   tlie    l-'ain^peaii    War. 


■i^ 


'm^.^m 


Ijo  1 1- 1)1  KM.  Mil. 11. \kH  I'i;nsi()\sintiiku.\iti:i)st.\ti:s 

ni;i<le  nn.ri'  and  iin.rc  lilioral  l)y  siuci.'i.-<liii.;4  1;iwn.  It  providt-, 
in'ii>i<iiis  iMSfd  (HI  i^nmi  ,<f  thr  /■irl  of  militiiry  scn-uc  in  the 
(  /;•(/  //  iir  tor  a  trrioit  of  niu,ty  days  or  more  and  liononihli' 
Jisiliiiri^i-.  i'i>iipl,-J  :cilli  the  existence  of  ,i  bodily  disability  not 
sh('7en  to  he  of  service  orinin,  or  ;eith  the  attainment  of  a  certain 
(ii/e  i.  iidiT  iliw  sy>tein  in'ii>i(iii--  an-  al.>^(>  j,'i\eii  ti>  tin-  widows 
and  eliildrcn  n  Civil  War  scildiors  :^illioitt  rei/anl  to  the  cause 
ol  the  soldier's  dc'tth.  Tlu'  di'\i'l()|iiiH'iii  and  dctaiK  i>t  tlu-  svs- 
liMii  iiiiilir  till-  act  .)t  1S'>0  and  '^nivfcdini,'  laws  will  he  the  snhjr-t 
i>t  a  later  ihapter.  It  is  a  serrice-fension  system  with  liniitations. 
In  the  present  chapter,  an  aeennnt  will  he  ,!,'i\en  of  the  general 
law  pensinn  .system  ile\eloi)od  from  the  act  of  |nlv  14,  IHTy.'. 
I  his  is  ,tn  in-vlid-  or  di\-a'<ility-pension  system,  with  a  pension 
prn\i<k-(l  for  the  widow  or  dependent  relatives  of  a  soldier  when 
his  death  was  the  immediate  or  nltimate  result  of  his  ])i-rfomiance 
of  militarv  dntv. 

l'"or  di-ahilities  caused  hy  wounds  received  or  disease  con- 
tracted while  in  the  service  of  the  Cnited  States  and  in  the  line 
oi  duty,  the  act  of  1S62  ;,rranted  pensions  t,rraded  accordini,'  to 
rank  from  thirty  dollars  to  ei,i;ht  dollars  jkt  month  in  cases  of 
total  (lisahility.  The  former  aiuount  was  allowed  to  a  lieutenant 
colonel  or  officer  of  a  higher  tirade  in  the  army  or  marine  corps, 
and  to  a  captain,  commander,  or  officer  of  eipial  rank  in  the  navv . 
Pr(>pf)rtionate  pensions  were  to  he  ,t;iven  in  each  rank  for  partial 
disahility.  Invalid-pensions  were  to  commence  from  the  date 
of  di,schar;:e  in  all  cases  in  which  the  application  should  l>e  hied 
within  one  year  after  that  date.  Otherwise  the  ix-nsion  was 
to  he  paid,  if  allowed,  from  the  date  of  filintj  the  apidication. 
In  all  cases  invalid-pensions  were  to  continue  durinj,'  the  existence 
of  the  disfihility. 

'ihe  act  of  l.%2  estahlishcd  a  new  standard  of  cotiiprehen- 
siveness  and  lil)erality  in  jx-nsinn  provisions  for  widows,  chil- 
dren, and  dependent  relatives.  To  the  widow,  or  if  there  were 
no  widow,  to  the  child  i>r  children  under  sixteen  \ears  of  a'je, 
of  any  person  dyin;,',  after  March  4,  1861,  hy  reason  of  anv 
wound  received,  or  disease  contracted,  while  in  the  service  cf 


w^^w.^'^^mmmm&mmmi^.^.tm^m^s-. 


rm:  (,i.m;i^'  \i.  \.\\\  >\>]  km 


127 


the  liiilnl  Slati-  and  in  ilit-  line  ..|'  (liii\.  ila-  law  ;;r,iiil<(l  t'rc 
•^allR•  iH^^ii>ioii  as  UDtild  have  hivii  all'iwot  to  [\w  liii-liaiid  .  i 
latlRT  tur  total  disahility.  Snrli  iiensiMiis  ucro  ji.ua'iu-  ti  .:ii 
tin-  dfatli  of  tlie  liu-,i,aiid  or  latluT.  to  tlie  u  idou  ilnriiv^  lie: 
uidouliood,  or  to  the  cliild  or  ihildrcii  until  tlicv  Mncrallv  at- 
taitii-d  till-  aj;c  of  sivtcin  >iMr>.  It  a  dcica-cd  ~oldiiT  iiMi  no 
wiflow  or  Ii'-^itiniatc  child  hut  a  di'|H'iident  mother,  tlu-  iilhIkt 
\\a>  I'litilk'd  to  rcifi\i'  the  i)cn>ion  whicit  nnu;ht  have  la-i-ii  al- 
lowed to  a  widow  or  child.  .\  reniarria;.,'i-  of  widow  or  nioiht-r 
tcrmimti'd  the  |K.'nsion,  nor  conid  any  mother  receive  .it  the  same 
lime  more  than  one  pension  niuler  the  provisions  of  the  ai : 
Xeitlier  widow,  child,  nor  mother  siirvivin.i,'  the  decea-ed  -oMier, 
the  i>ension  mif,dit  he  i;i\cn  to  ;m  oq)haii  sister  or  sifters,  unde-- 
sixteen  years  of  a,i,'e,  who  were  wholly  or  in  i)art  <lcpcn<lent  u|h,:i 
him  for  support.  The  jwnsion  was  to  he  ()aid  to  such  sifter  r 
si.stcr.s  until  they  severally  attained  the  ai;c  of  sixteen  vear>.  hii: 
such  or])hans  were  in  no  case  to  receive  more  than  one  |>ensi,iii 
under  the  law  at  the  same  time.  Payment  of  [)ensions  lo  an' 
dislr)yal  relatives  or  heirs  of  a  deceased  soldier  was  -peciticalU 
forhidden,  and  the  riiiht  to  <iu-li  payment  was  transferred  to  the 
loyal  heirs,  if  there  were  anv.' 

Many  admini-trative  matters  were  also  dealt  with  l.v  the   u-t 
of  \U-,2.  inclndin.u:  provisions  reijulatini,'  atlorncv-'  fee-,  imiios- 


i'i 


'.Since  ]S(>2  it  li.is  \>vvn  tlir  i;i'n,T,iI  nil,-  that  tli-^c  wIm  ucro  ii..'  l,>.il 
(liiniiK  thr  Civil  Wai  are  iiu'li«il.l.-  t..  riHcnc  tlu'  li<>notits  ,,i  ih,-  riatmiial 
peii-iion  law.v  .\ii  ..rdiT  nt  tlic  l'riiM..n  I'.nrr.iii  i^Mlcc|  lief..rc  ilu-  ■.nn;- 
anmial  pa>nii'nt  of  .S.ptcmlKT  4.  l.*.l,  r,i|iiiri-cl  tlic  oath  ..f  allcKi.irc-  L.  Ik- 
taken  hy  pensioners  helore  reeeiMie,'  thi'ir  ^I:pell(l^.  The  pen-i.ii  ayeneies 
in  the  disloyal  states  were  ^iisp,  iiflcil.  ,is  were  al-o  the  pensions  ,,t  ili>atTei-eil 
IK'rsons  in  loyal  states.  I'.y  the  end  ..t  the  uar  the  n.imes  -t  .-ill  the  (len- 
Moners  in  the  eleven  Confederate  static  had  hi'en  strukeii  trom  tln'  roll-. 
.\fter  the  close  of  hostilitie-.  siicli  as  were  al>le  to  |iro\e  their  conlituied 
loyalty  in  act  and  sympathy  throiiithont  the  w.ir  were  r'-t..r((l  to  the  pension 
list,  aiul  also  received  tlie  arrears  which  had  accnird  >iiu-e  the  last  payment 
prior  to  the  war.  In  later  >ears  exception^  to  this  ropiirement  of  li.vahv 
have  been  made  ii_i  the  service-pension  .ids  pa-sed  on  hehaif  of  the  sollliers 
of  the  "old  wars."  in  the  application  •>(  the  «eneral  pension  law  to  the  War 
with  .Spain,  and  in  certain  otli:  r  ca-e-.  Tlie  h.vahv  reipiirenieiit  w;>  tin  illy 
repealed  entirely  hy  approval  of  the  act  of  Atimist  .?>.  IVUi.  i  The  i|iu«;;o:, 
of  loyalty  is  disciissecl  in  the  reports  of  the  Comrni-sioner  of  Pensi..n,  for 
I8(il,  18(1.',  18<o.  im>  and  later  vear-^  See  also  in  T  .V  .S7,j/i( .',•>•  ,,/  /,„■,,, 
acts  of  March  3.  1S77,  March  9.  \H7)*.  January  .">.  IR'<7  hilv  _'7  189'  Jiunrjt' 
1,  1892,  .\pril   18.   I'W.  and  jomt  resolution  ..'f   lulv  I,   I'>)''|      '        -  '     ^-  ' 


im 


imt 


=uT.._*flkj#^^, 


12H   111)!  KM   Mil  H.\k\  n  \>l(i.\«,  is  1  111-  I  \|  I  I  DM  A  |  |.  s 

III;;  lifiiaiiii-  [i.r  irauii.->  li\  .i;;iiit>  .md  attiTiicss,  ri-|;nlalin^  ilii- 
ai>i  iiiiiiimiii  .iinI  Hi-  wi  isainimn;;  mitkchs.  ami  autln'ri/ing 
till-  MAiitary  .it  the  iiiiciii.i  [>■  aPiM>int  .1  >|K.rial  amiii  ii.  a^i-.! 
Ill  till'  1  :n-iiiiiu>ii  ami  .kitUn.H  ,.|  |>v'iisii.ii  iraiwN.  llii-  last 
MiUiii  .1  till.'  act  r(.|K-.ilicl  all  iiri\i"ii~  |hiimiiii  ciiai  Uiumin  111- 
.1  'l:-l-U-llt   \\  nil   Jt>.  lifi'V  l-i'  lis. 

In  iii.,ii\  \\.i_\>  ilii'  I'l'ti^H  11  !au  i.i'  ISi.J  «a^  i-|Huh  making'. 
.M"ilifr>  ar.il  'iiihaii  -i-n--  i;aii  iiivi-r  Ulcn-  liccn  |mci\  idcil  tOr 
111  'iir  luiiiciial  li-L;i-laiii  •  ,'  I  lit-  iifii-iMn>  alli.wcd  in  otlicr 
ila-H'-.  p.;rtKi;larl\  t..  w  iil  w  ^  .ind  (.r|ilian>  and  to  di'NiliK-il  -.ca- 
'laii.  Aire  lar-ii;.  iiu  ria^td.  <  Iri'attr  unitdrmiiy  111  the  rates 
.■:  army  ,  nd  na\y  |K'n»ii.n>  wa^  aKn  Mviiri'd.  As  a  uIkpIc  the  act 
e\liliciti\  coll  niimd  the  ledt-ral  j^'ovcminent,  early  in  the  war.  1m 
a  i>ledj;e  (.1  jiiii-ii-iis  t..  all  disaMcd  Unititi  suldiirs  and  alsD  to  a 
-i;i;;lar  ]  n.visn.n  t.>r  the  deit-ndcnt  ielati\es  of  tlmse  wIki  shi>ul<l 
Ii'se  their  h\es  in  the  service.  In  fact,  the  measure  did  even  ninre 
tiian  tills.  It  was  net  carefully  liiiiite<l  to  the  I'ivil  War,  hut  it 
iiiauLiiraied    ; 


1  i"«<!\  <'t  jensicii  le^'islation  ai)])licalile.  withciit 
t;:r;r,er  .-.cticin  1>\  l'iin,i;ress.  t"  -ervice  in  the  re};nl,ir  arinv,  the 
'A  ar  Aith  Si>aiii,  the  ti-htinj,;  in  the  rhilipjiine^,  and  t^  am  intuir 
.'. ai-  in  which  the  I'nited  States  mij^ht  he  enjjatjcd.     Since  1S(.J 

e.cr\    M, Idler  'T  -ail.T  "f  the  I'nited  States  h.is   fr  -m  the  da-<- 

<  !  eii!istii;e"t  en'(.}cd  the  lienefits  .-nul  iirotectim!  .if  ihe  oiin;.! 

he!i-i\e  !>r(.\  !s!<ins  i.f  the  general  peiisii)ii  law.     I'.ut  snl,      ■••., 

eit 'Ctments  h:ive  made  the  law  far  more  lil)eral  than  it  \\a-  ■'    rni'^ 

Mid  immediately  after  the  t'i\n  War. 

i  he  la-^aue  .  f  the  I'eii-ii.n  1a v.  ■><  ISoJ  thrr.iii^di  ('-  ic-f^=s      •■, 

ra'.'er  v.iic\  e'l!  iu' 

••\  'itinL:   e\tnts  . 

i'ciisii  ns  -iieak- 


I  ul  :;c  altentiiiii  \\;is  uevi 
the  iKricd.      Howexer,  the 
■,■' 


'  ni'ire 

-inne'-   -'f 


a]i!irelun-iiMis  m  s. me  '  .:ar!cr~  .  f 


•-•f  ;!■(    Kli.  lie   '-!,,nil  i-dj^.trnl  ::,->v  ,.f  17IS.  p.ic'i--    It,  aiiC   '.  ' 
-  [•'   thi    ihi:-.    ,!(li.,'     Mr.   !i,.ltTi^in  .  f   ln(li.in;i  .-|rp,,.ii-,l    .n.     •  -iririi.  n     n 
pi!>.r,    r.n.-<   Ittwcrn   ■  ttniT-    ...nd   i.rn.in-   v,,|,l;er».      He     insuc.  cs-iiilK    ;i>i- 

'■'<'    •'    !:!-iI'  rni    i.-:,.!    (!i-.  :,ilit\    r:Cc   ..f   thirttcn    ili.l!  ,,    ■■•.nth    Ic'.r    :il! 

r:;n^-.  .\lth.  iilI'  hi-  riM.:,.-  -.,.....,,;  ;i  liti!,-  ,.f  Lt-r  .mli  !„•  <!.,!  •vnl 
-iT\\c  -11  :n-.i-!:ni.'  i-v.  :•,  ;.-.  , :-:.  n  lirnnn).'  tlic  foe-  ,,r  ,,i.!iii  .,i;cn' -  i  .■;i- 
....■;.v'-.;,/,'  !/-?■,.  ,'r:!i   i,.:i-,,  .M    -.-■-,   1K(.!-1M.J.    !     .■•  .!.  Jli»u_;(),,     p.,n   4, 


>**^ 


'■<■    <.i  M  k  \!    I,  \\\   -■)  -.  1 1  \( 


12'} 


J""''^''-""'  "  ""'  111  UMiHTlaMr,  .,niiii.<l  liiit.lrti  re  .illiii^  iL  ni  llir 
'•''•  '■'     ili":iuli!      "'li    .i|i|u.  hni  i,,ii,    miw.iri.inifil,    ,,im1    hi 

A'  \>"i:lKr.  I.-'iJ,  |,n.|„|,,i  ihat  ih.  |.,|,,|  ,,iinn,il  mum  rr.|uir^  1 
'"  "•I'l'-  "111  ilif  l.iA  A.iul'i  III  111.  M.ir  cnh-cI  S7,i«Ki,nnn  '  |,| 
'■■  '■'"■'  '•'l-n  I,.,  IS*,*,  (  ,,MnM-M..nn  llarrcll  |i.  .iiunl  ,  .nl  llnl 
''"•  '■'"  I  *■''•■''  'I'lr.il:..!!  ,.\  tlif  u,ir  li.i.l  rfiwlnr.l  lli.-  al,.,v,.  cmi- 
:.iaU'  rii:in'|>  iii.i,lc,|iMH-  I'.v  liuif.in,  ISi,  J.  .J,,  „.,  17n(ii,H.|i- 
-1'  II  >  hal  licii  :im:::.  .1  nn.i,  r  tin-  a>  I  .i|  ISi.J,  _'1,ih  ■-  j,,  nualicU, 
•■'"'   -'■•'""   '"   >M.I-i'>.   ..riilian..   ami  (|c]k  ,i,|,nt    r    i.ili.f  1  lir 

"''''■'■•''  1  ^■" '  !-'  'I'   ll'^'  liiMc  >,,ntaiiu-.|  51.1.V-  iMiii.',,  a  iniu-'i 

,:.i<alii   iiiiin!  ir  tlian  cut  lni'nrc. 


h'  \ 


MM 


-A   \l  Mi-l'l.\vi(i\     Ss  -I  1  \| 


■  """  •''  ''^''  !i':i"l'.-ii  Ii-n^i,  ■,  ,  u-Pi  n'.-ninl  Iinrnil  I  .  iN 
■'''"'*'"^"'"'  ^~  '"  I'^'  '■  ■'  ".I-  iM-i  ai  Ih,.  lH-L;uin,n:^  ot  a  h.ir^ 
''^■'  ''  '■'  ^'  !'.i"-i-ii.  I'.n,  IV  !l,c  uar  ua,  .,\,r,  ilu-  i,,-,  .K|, 
Aa-  raU-ii  iii  il„.  .-laMi.liiia-ni  ,,:  iiu  iva-ni  ^taiiii,  a-,  raU-  p.,- 
..■ri,,n  lu-riPan,  „i  v,,vi';r  .l,~a!,il,tu-.  m,  a  srxnv  diaraolrr  \ 
-''  ^^'"■-;  '"''"-;■  1.1a.  Ill,-  !,,.-  ,„■  ,|u.  „^l,t  ,,|  |„.,li  ovc-  ,.i-  ihr 
I"--  "t  l„,t!,  ii,,,„U  arMiiM'.!  iimiMial  -Mn|,aili\  f.r  ilic  vi,],,,,  an.l 
-^■''~<-  ■''■  I'lti-.tial  ..!.ln:ali..ii  1..  Inin.  Ii  vva.  h'li  iliai  iIk-  i,,!a! 
.Ii^aliilii>    rai,    of  ,.i:..lii  (Lilars  a  nmnil,  ua.  miin  U    ina.l,::  ,ai,. 


Ill   -lu  li  a  (  a~o. 


"  •III  •■"■'  '"■'■.•line   law    .,11    |iil\    J.    IS(,-I.   \.lin.Ii 


-'■"•"■''  ■■  ■"'■''''!  ri'ii^n.ii  ni  V3  i,,r  il„.  !,,..;,,■  !„,,i,  i,,„„.,  ,,, 
■  U-  I,.-,  ,,1-  ilu    -•  :l,i  .,{  l„,il,  ^.^,.,^  ;|,„|  ,,,  .^j,)  ,-,  „.  ,||^.  |^_^       ,.  ,^^^^^^ 

''''•'  ''''■  •"  '  ■  '   ■^'■■"•^■''  .V   l,S(.5.  aNo  alNmr,!  il„.  SJ- 1  ,.,  n„,„il, 

'■■■'"•  '"■  '!"•  !■•■-- •■t-n.iia. 1. 1  an,!  ,.i„  i',,,,!.'  l-,,,,,-,,,,.,!  a.Mumnal 
r''ni!,iiu.|.i  spoill,-  ,i;.-aliil'tic-.  voir  i,r,,vi,ic,l  t,,r  l,v  ilu'  a,-t  ,,f 
'nn.-.  lN'.i..  al  rate.,  I  ^_-.SJu  ;,,„!:C!5,,, „,„,,.  \„  ,„,,,^,,,, 
"1   the-,-  tlin'c    -piH-ia!   -radi.--  ni  Matiit.irx    ratr^  i,.  S.^i.J,-,  S_M 


A. 


;■   /■, 


i>":.    I/,-  „,„•  ,„„/  n 


\Xl'2    !.M.,:,     I'.l;,    .'.    5Ni'   5S1. 

■'   ■    '-    •'■;'■"'    ^    ^''    '■""■■    ^"'    ■■'^'  ■'^''-       I!-'    :n-i    ,  I    iM.-t    .,!-,,   ,, 

'   /'■      ',.    Mil.    -)'.'(    ,-11(1. 


-4 


►.',- 


130   FEDKRAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

and  18  a  month  resi>ectively  was  made  by  the  act  of  June  8, 
1872,  (the  increase  dating  Ironi  June  4,  1872).'  The  Commis- 
sioner ui  Tensions  estimated  that  16,000  pensions  would  be 
affected  by  the  increase  act  of  1872.  and  up  to  Xovenil)er  1  of 
that  year  L^.-'^OO  cases  liad  been  acted  uinm.  "^here  were  on  the 
j>ension  roll  i.n  June  30,  1872,  232,22'^)  pensioners  of  all  classes 
of  whom  96.854  were  army  and  navy  invalids.- 

It  is  easy  to  imderstand  the  causes  which  led  to  the  enactment 
of  statutorv  rates  for  certain  ])ermanent  disabilities  higher  than 
the  normal  rate  ior  total  disability   (which  was  in  1862  under- 
stood to  l)e  disability  for  the  performance  of  manual  labor).    But 
the  practice  oiK-ned  the  way  for  "reat  confusion — and  even  ab- 
surdity— in  the  system  of   invalid-pension  rating.     The  act  of 
ISo2   remained   in    force   with   its  total   disability   rate   ranging 
from  $.iO  a  month  for  a  lieutenant  color.M  or    ifticer  of  higher 
trrade  down  to  eight  dollars  a  montli  for  a  private  soldier.     So 
long  as  the  lixed  statutory  rates  were  limited  to  such  very  si)ecific 
injuries  a>  the  loss  of  an  arm  or  leg,  or  the  loss  of  sight,  there 
was   no  great   difficulty   in   treating  them  as  exceptions  to  the 
n(rrmal  total  disability  rate  under  the  general  law.     However, 
there  was  soiin  pressure  for  high  statutory  rates  for  disabilities 
of  a  severe  character  not  so  self-evident  or  easily  ascertainable. 
The  act  of  [une  6,  1866,  previously  referred  to,  intnxluced  stat- 
utory r;'.te<  if  ?25  a  m  >nth  for  disability  of  such  a  character  as 
to   re(|iiire  the   regular  aid   and  attendance  of  another  person. 
$20  a  niimth  for  incapacity  to  perform  manual  labor,  and  SI 5 
a  month  for  disability  cqiii:  alcnt  to  the  loss  of  a  hand  or  foot. 
Rv  the  ;Kt  of  Jime  8,  1872,  these  three  rates  were  increased  to 
$,^1.25.  S24.  and  S18  respectively.     Certainly  there  was  incon- 
grnitv  Isetween  the  lav.-   which  provided   that  a  private  soldier 
should  receive  S8  a  nmnth  for  total  disability  to  perform  manual 
labor  and  the  other  provi-^ion  of  the  law  which  said  that  he 
should  receive  ?24  a  month  for  incapacity  to  perform  any  mnnual 


'  ('.  S.  Sl'itulrs  ill  Liirii,-.  w  ii.  .'.ir 

'  Kcp"rt  .•/  the  C'liiiitu.tsi.'ihr  iif  r,-ii.ti.i).'.r  fur  187J,  H^ntsc  Ex.  /'ci-.,  3(1 
Stsv,  4.'(i  Conj;..   I  >nc.  1.   I'an  5.  P.-IKC3  321   and  329. 


THK  GEXKRAL  LAW  SYSTEM 


IJl 


■i 


,-, 


labor.  How  the  I'ension  Bureau  dealt  with  the  difficulty  at  the 
time  is  shown  by  the  foliowins:  extract  from  the  rep<irt  of  Com- 
missioner Baker  tor  1874: 

The  difficulties  of  the  subject  [e(|uit;ibly  rating  disabilities 
under  existing  laws]  are  increased  by  the  fact  that  under 
existing  law  two  different  degrees  of  disability,  for  which 
rates  of  jiension  differing  widely  are  proyided.'niav  be  con- 
founded. The  act  of  July  14,  18f.2.  proyided  a  |)ensi.  n  of 
$8  i)er  month  in  the  case  of  a  private  soldier  f.>r  a  total 
disability  for  the  i)erfonnance  of  manual  labor.  l"or  a  dis- 
ability incapacitating  for  the  perfonnance  of  any  manual 
labor,  the  act  of  June  6,  1866,  jirnyided  a  pensii'm  of  $_'() 
per  month,  which  was  increased  to  $24  per  month  i)y  the 
act  of  Jime  8,  1872.  The  words  -'tinal  disability"  which 
occur  in  the  act  of  July  14,  1862,  have  been  construed  by 
this  office  to  mean  a  total  disability  for  the  i)erformance  of 
manual  labor  retpiiring  severe  and  continuous  exertion.  The 
words  •'any  manual  labor'"  occurring  in  the  act  ni  |une  6, 
1866,  and  the  act  of  June  8.  1872,  have  I)een  cou'^tnu'd  to 
include  also  the  lighter  kinds  of  labor  which  re(|uire  educa- 
tion and  .skill.  It  is  believed  that  the  construction  gi\en  by 
this  Office  to  these  acts  is  in  accordance  with  the  intention 
of  their  f raniers ;  but.  as  it  is  ditticult  to  draw  a  line  of 
distinction  between  the  two  kinds  of  labor,  there  is  to  some 
extent  a  conflict  between  the  acts  referred  to.  which  renders 
their  execution  dii'ticult.  and  the  decisions  of  the  Office  there- 
under unsatisfactory  to  claimants.  If  the  law  could  k-  so 
amended  as  to  |>rovide  more  definite  standards  for  the 
comparison  ot  degrees  of  disability,  the  Bureau  would  Ik- 
relieved  from  its  greatest  source  of  embarrassment.  This 
Office  is  not  at  present  preiiared  to  suggest  a  remedy  for  the 
manifest  difhciilty :  Jnit  in  justice  to  itself  the  embarrassment 
arising  from  this  .source  ought  t.i  l)e  pointed  out.' 

Later  legislation  had  the  effect  of  putting  the  rates  fixed  for 
specific  disabilities  even  more  out  of  haniiony  with  the  "total 
di.sability"  rate  of  the  act  of  IS(>2.     A  long  series  of  laws,  the 


Mi 
ill 


m 


yn 


■i| 


:M 


I  u 


'  ReMt  "f  tlw  Commissioner  „f  Pensions  for  IS'A.    House  Ex   Do 
Scss,,  43(1  Long.,  Doc.  1,  Part  5,  061. 


2d 


lii 


132  rKDKRAl.  MILITARY  I'KNSKIXS  IN  TIIK  UXITHD  STATICS 

last  of  which  was  passed  on  April  8,  1904.  greatly  increasnc!  the 
statutory  rates  lor  the  \arious  grades  of  pennaiiein  si>ecific  dis- 
abilities. (See  tahle  on  page  133.)  Some  new  grades  were 
added.  .\t  present  the  niaxiniuni  invalid-jx^nsion  of  $UH)  a 
month  is  ])aid  for  the  loss  of  both  hand<,  the  loss  of  both  feet,  the 
loss  of  the  sight  of  lK)th  eyes,  and  the  loss  of  the  sight  of  one 
eve.  the  sight  of  the  other  having  lx;en  lost  before  enlistment, 
t  )ther  illu.strative  rates  are  $72  a  month  for  siieh  a  degree  of 
hel]>lessness  as  to  re(|nire  the  regular  aid  and  attendance  of  an- 
other person.  S5.^  a  month  for  loss  of  an  arm  at  the  shoulder 
joint.  S4li  a  month  for  loss  of  a  hand  or  a  f(K)t.  $46  a  month  for 
t()tal  di.-;al)ility  in  an  arm  or  leg.  ,S40  a  month  for  total  deafiiess. 
.S3(>  a  month  for  incapacity  to  perfonn  manual  lalx  r.  and  .'^24 
a  month  for  disability  equivalent  to  the  loss  of  a  h.md  or  a  foot. 

.\nother  far  reaching  change  in  the  method  of  rating  disabili- 
ties lunier  the  general  law  was  introduced  by  a  provision  in  the 
so-called  "Consolidation  .\ct"  of  March  3.  1873.'  In  1871  Com- 
missioner of  Pensions  T.aker  recommended  that  all  the  needfu' 
provisions  of  past  pension  legislation,  cleared  of  what  was  doubt- 
ful, contrar>'  or  cumljersome.  be  codified  into  one  act.  lie 
thought  that  no  additional  or  more  liberal  legislation  was  needed. 
Later,  in  his  report  for  1872.  he  recommended  the  cst.iblishment 
of  a  rate  between  S8  and  $18.- 

in  compliance  with  Mr.  P.aker's  recommendation,  a  bill  was 
introduced  (  .April  1,^.  1872)  in  the  House  of  Re|)rescntatives  at 
the  second  session  of  the  I'orty-second  Congress  "to  revise,  con- 
solidate, and  amend  the  laws  relating  to  pensions."  It  w;'.s  rep- 
resented as  princijially  a  codihcation  of  the  pension  laws  with  a 
few  amendment-."  It  pas'^ed  the  House  but  was  not  taken  up  I)y 
tlic  Senate  until  the  next  session.  On  Feltruary  12.  1873.  Sen- 
ator Tratt  of  Indiann.  in  charge  of  the  bill,  explained  its  pro\i- 
sion-  x<>  the  .'^enate.'  He  said  that  it  changed  the  rates  of  pen- 
sions in  .1  few  particulars,  but  he  did  not  think  it  increased  tV.e 


'  !'.  S.  \/ ;,'!(,'-.?  Ill   l.iirar.  xviii.  ."6(>. 

-  A'.-,'.'' .'  ./  tit.-  C'-tvtnisiinh'r  .'/  [\iisi>iK<:  f"r  1871   .im!  1872. 

'I.  .r<;v-v('..r,,/  (,;,/v,  -M    Sr-s.,  A2,\  C.;i-.    (1.-^71    lS7.'l,    Pait  .\  J44_'.  .^i'Jd. 

<//>(/..  ,5.1  St--,,  4.',!  ('..UK,  (1S7-'  187,11,  !',irt  2.  l-'8,"i. 


mi 


Tiiic  (;i;.\i:rai.  law  svsti:m 


133 


u 

m 


u 


3  jV 


2i 


f^,? 


^^^J 


3i^    "i" 


=  03  =  3  =  0. i  =  "i 


o 


iif 


1  -s- 


c      ■   M 

'     _      ».£(.«    :^    '.'2'-  -^ 
;  "  -1  --^2'°     "     -si 


E-S 

5-S 


■--On 

«)    C    — 

a  <■  M 


a  - 

■3  ii 


■--  ^  M- 


134  FEDERAL  MILITARV  PENSIONS  IN  THE  UNITED  STATES 

aggre^'ate.  Anionj,'  the  new  provisions  he  mentioned  were  a  rate 
of  S13  a  month  for  total  deafness,  and  a  section  perniittinj;;  tiie 
rate  of  $18  per  month  to  be  proportionately  divided  by  the  i'eii- 
sion  lUneaii  for  any  dejjree  of  disability  that  should  l)e  estab- 
lislied  for  which  the  second  section  of  the  proposed  act  made  no 
provision.  The  second  section  reenacted  the  total  disability  rate 
oi  eifjht  dollars  a  month  for  a  private  solilier  contained  in  the 
act  of  July  14,  1862.  Senator  Pratt  said  that  the  ])rf>i)osed  divi- 
sion of  the  $18  rate  (a  Senate  amendment)  would  meet  "the 
claims  cf  a  large  number  of  cases  where  the  claimants  are  dis- 
abled to  a  greiter  degree  than  that  for  which  ])ension  is  provided 
in  the  second  section,  but  whose  disabilities  are  n^vt  e(|uivalent 
to  the  loss  of  a  hand  or  foot.  This  section  is  proposed  as  a 
remedy,  especially  in  the  case  of  private  soldiers  for  the  wide 
difference  between  the  rate  of  pension  now  fixed  by  law.  eight 
dollars  per  mimth.  and  that  provided  for  the  disability  arising 
from  the  loss  of  a  hand  or  foot."  Although  this  exjilanation  was 
made  to  the  Senate,  there  seems  to  have  been  no  general  apprecia- 
tion of  the  great  impurtance  of  the  amendment,  and  the  bill 
passed  that  body  practically  without  debate.  On  the  occasion 
of  the  adoption  by  the  House  of  the  report  of  the  conf  nee 
C(jmmittee  of  House  and  Senate,  Mr.  Moore  of  Illinois  o.  ved 
that  the  Senate  had  added  to  i.he  bill  "a  ver''  liberal  amenci..ient, 
to  which  we  accede,  that  there  shall  l>e  a  proportionate  rating 
between  eight  dollars  a  month  and  eighteen  dollars  a  month — a 
verv  ]ii)eral  and  just  provision,  as  we  think,  and  i>ne  which  we 
had  no  reason  to  expect  the  Senate  would  adopt."' 

\fter  the  "Consolidation  Act"  f>f  187.^  had  l)ec(>me  law,  the 
folliiwing  was  the  general  scheme  of  invalid-])ension  rates  in 
force.  For  the  highest  grade  of  |)ermanent  sjiecific  disabilities 
the  statut'iry  rate  remained  at  S.'^l.i.^  a  month.  The  second 
grade  i>f  such  dis;ibilities  was  pensionable  at  $24  a  month,  and 
the  third  grade  Uf|uivalent  to  the  loss  of  a  hand  or  foot)  at 
$18  a  uioiuli.  I'lr  lo'.al  disaiiilitv  (at  that  time  construed  by  the 
Pension  Bureau  to  mean  "total  disability  for  the  (performance 


'  Cou(ir,-ssii'itiil  i.ilchi\  .3(1  Scss..  42d  Cone.  Part  3.  1901. 


THI-:  C.KNKRAI.  LAW  SYSTEM 


135 


cif  niaimal  lalxir  re<juirin.i,'  severe  and  cnntiniions  exenion")  the 
rate  (  under  the  act  cf  July  14,  1S()2  )  of  $8  a  month  for  a  private 
soldier  was  retained.  A  new  statutory  rate  of  SI 3  a  month  was 
in  torce  for  total  deafness.  .\nd  the  Comnn'ssiimer  of  Tension^ 
was  empowered  to  fix,  in  his  discretion,  rates  amountini;  to  some 
proportion  of  SIS  a  month  for  any  de.i,^rees  of  disahilitv  not 
suflicient  to  warrant  the  $18  rate  for  which  the  $8  "total  dis- 
ahilitv" rate  did  not  make  precision. 

The  section  in  the  Consolidation  Act  conferrin;,'  the  above 
rate  fixing'  iK>wer  ujxjn  the  Commissioner  of  Tensions  hecame 
Section  4(/)9  of  the  l-Jevised  Statutes.  I'nder  it  the  Commis- 
sioner of  Pensions  has  fixed  a  larj^e  number  of  rates  for  certain 
disabilities  not  specified  by  law.  Examples  of  such  rates  are  SI 7 
a  month  for  loss  of  one  eye,  $10  for  anchylosis  (  stifleninj^O  of 
elbow,  $14  for  loss  of  middle,  rinif.  and  little  finders,  S8  for 
anchylosis  of  wri>i,  S8  for  loss  of  thumb,  S4  for  loss  of  index 
fint;er,  S6  for  loss  of  jrreat  toe,  $2  for  loss  of  .my  other  toe,  and 
$10  for  loss  of  all  the  toes  of  one  foot.  The  discretionary  |x>wers 
of  the  Pension  I'.ureau  were  further  increased  bv  ihe  act  of 
.\uj,mst  27.  1888.  which  established  a  $30  rate  for  total  deafness 
a;id  authorized  the  Secretary  of  the  Interior  to  fjrant  such  pro- 
portion thereof  in  cases  of  partial  deafness  as  he  mij^ht  deem 
equitable.  Xine  grades  of  such  rates  have  k'en  established  ran<;- 
in;,"-  from  $6  a  month  for  nearly  total  dea'ness  of  one  ear  or 
slii^'ht  deafness  of  Ixnh  ears  to  $27  a  month  for  deafness  of  both 
ears  existinfif  in  a  (k's^ree  nearly  total.' 

The  ei^dit  dollars  a  month  "total  disability"  rate  of  1862  is 
retained  in  the  statutes  but  is  now  (  l'»17t  called  a  "simple  total 
disability"  rate.  It  is  ecpiivalent  t.i  the  rate  for  the  stitTeninp;  of 
a  wrist  or  the  loss  of  a  thumb.  I'.ut  this  does  not  tell  the  whole 
tale  of  the  libcralizint;  of  di-ability  rate-  under  the  j,'encral  law. 
The  act  of  .March  2,  18'>.-,  provides  thai  ".Ml  pensioners  now  on 
the  rolls,  who  are  ijen-ioned  at  less  than  six  dollars  \yKX  mont!  , 
for  any  dei^ree  of  pi'nsii>nable  disability,  shall  have  their  i>en?ions 
increased  to  six  doll.irs  per  month;  and  that,  hereafter,   when- 


■J, 


r: 


i^f 


!9!o.   111. 


^^^ih- 


S.  {,,:,-ru:ii(i  llu-  Crantiug  ,<f  .trm\,   and  Xiiiy  Pc 


nsxons. 


1,?(,   I'l'.ni-.KAI.MII.ITAKN   I'lASIONS  IN  II 1 1-  rXlll  DSl  Ml  > 

eviT  any  ai)i)licaiit  iov  pension  wonld,  unilcr  existing  rales.  l>e 
cniitleil  to  less  tlian  six  tlol1ar>  for  aiiv  sinj^le  (.lisahility  or  sev- 
eral eoinl'iiied  disalulilies,  siuli  |>e-iisioner  shall  be  rated  at  not 
less  than  six  dollais  |H.-r  niontli."''  It  appears  t'ri>in  the  tables 
in  the  pension  re])orts  that  about  -45,(HH»  i>ensions  were  auto- 
niatically  increased  under  this  law.-  After  the  pas.sajje  of  the 
act  of  lS'>.s  the  sli<;litest  disabilities  recojjuized  under  the  j;;en- 
enil  i.iw  becanie  i>eiisionab1e  at  six  dollars  a  month.  Today  a 
solilier  who  loses  a  toe  in  i)atrollinjj  the  Mexican  border  is  entitled 
to  a  pension  of  six  dollars  a  int)nth  for  life;  while  the  soldier 
who  lost  both  feet  in  the  fivil  War  could  prior  to  1S(')4  receive 
only  ei,;,du  dollars  a  month.  Hut.  if  the  latter  soldier  is  sur\iv- 
in,i;  todax.  he  has  received  a  pension  of  $J(1  a  month  betjiniiinj; 
with  July  4,  1X64;  of  .^^J.^Li?  a  month  from  June  4,  1872;  of 
?.s("t  a  iMonlh  from  June  4,  1874:  of  $7i  a  month  fnjtn  June  17, 
1878;  and  of  SUK)  a  month  from  March  2.  1*)03. 

Thus  far  the  chapter  has  dealt  with  a  class  of  iXMisiou  claims 
under  the  i^eneral  law  system  ui  which  the  task  of  adjudication 
is  com[)arativeIy  easy.  The  disabilities  are  of  such  a  nature  that 
their  existence  is  easily  ascertainable;  the  rates  to  be  applied  are 
definitely  established  by  law  or  by  the  order  of  the  Conunis- 
sioiier  of  Pensions.  lUit  when  |)ensi()n  claims  are  ba-.'d  up)!! 
the  allej^ation  that  disease^  were  contracted  in  the  military  service 
and  have  i^radually  caused  disabilities  from  which  claiiuants  are 
now  sutterin;^.  |K>nsion  admiiu'stration  is  a  techmcal  and  <litticult 
prob'em.  Here  is  a  field  of  obscurity  and  uncertainty  in  which 
tlie  allowance  of  a  i)en>ion  in  very  many  cases  depends  upon 
ex])ert  medical  oi)iniiin  of  the  ])allv>!os.;icaI  se(iuence  of  disea.ses. 

I'or  exam])Ie.  a  claituant  allej^es  that  he  is  sufTerin;;  from  tli.s- 
ea>e  of  the  heart  and  from  chronic  bronchitis  and  that  these  dis- 
eases were  brouj^ht  ui>on  him  by  causes  orisrinatirii;  in  his  ariuy 
service.  If  it  ap])ears  from  eviilence  acceptable  ti>  the  Bureau 
of  I'cnsinnN  that  he  was  in  i^ood  health  when  he  entered  the 
army,  that  he  suffered   from  rheumati-m  durin),^  the  i)eriod  of 

If".   .V,   Shiluirs  ,it   I.:ir'i,-,  NNviii,   704. 

■^  Kerens  nj  tlu-  C'  mmiss:niu-r  ,>/  l\-,u<i ')is  for   1894  :ini|   IW.S. 


Tlil.  i.l.Mim.  I.\U    S^■STl;M 


U7 


1"-  MTvin^.  thai  !u-  aU,,  |,a,l  pneumonia  ulnle  in  the  annv.  ami 
liial  -na.  ],,.  disdiar^c  lu-  l.a~  luul  a  weak  heart  an.l  mi,re  ..r 
Ii-  irnul.k-  uitli  hi>  ;ini,->.  he  uiU  dnuhtless  he  liekl  to  have  a 
K-io.l  claim  lu  a  iK-n>i.,n.  -lin-s  i.  iriie.  even  ihoii-h  j"„r  l.,n- 
yrar.  aiter  hi.  .liMhar-e  iruni  military  service  he  uas  nut  <lis- 
ahlol  \„  Muli  an  extent  a.  to  prevent  hun  from  earnin-  his  livin- 
I.y  hi-,  or.hnary  oeaipaii.in.  He  may  even  n.nv  !,.•  earnin-  an 
e\.-ellenl  liviii-  l,y  ..ther  than  hani  mamial  lahor. 

After  the  exi^en.e  ..f  pen.ionahle  .lisal.ilitie.  in  the  claimant 
ha.  hecn  eMahli.hed.  the  proMem  of  ratin-  nui.t  Ik.-  dealt  with 
W  hat  rate  .hall  he  allowed  lor  hi.  di.ease  of  the  heart  and  v.hat 
rate  lor  hi.  chronic  l.ronchiti.  r  If  he  chances  to  have  an  old 
jTiinshot  wonnrj.  that  i,  a  third  disahilily  to  Ik,.  con.idere<l  and 
rated  in  determininj,'  the  am<iunt  of  his  iK-nsion. 

In  ratin-  snch  case.,  the  Pension  iUirean  has  a-ain  acted 
nn.ler  the  authoHty  of  the  provision  of  the  Revised  Statutes 
(Section  4r,'M>,,  ,,1,,,,^  ,,,ij,j„  ,,.,^  .^^^^^^^^.  j^.^^^  explained,  that 
■••.he  rate  ..f  eighteen  dollar,  per  month  may  he  proportionateK 
divided  for  any  de-ree  of  di-ahiliiy  estahlished  for  which"  the 
"total  di.ahility-  rate  of  ei-ht  <!ollar.  |r.t  momh  makes  no  pro- 
vision. The  rates  are  li.xed  upon  the  evidence,  and  np.»n  the  re- 
stilt-,  of  medical  examinations,  on  the  hasis  of  disahility  for  the 
performance  of  manual  lahor.  They  ran-c  fn.m  six-ei-hteenths 
to  seventeen-ei-hteenths.  accordin-  to  the  <le,-ree  of  di.ahility 
shown.  When  a  disahility  is  shown  in  excess  of  seventeen- 
eiffhteenths  and  equivalent  to  the  loss  of  a  hand  or  fo,)t,  the  rate 
is  $24  (third  ^^ra.ie  )  :'  hut  if  the  disahility  is  not  equivalent  to 
the  loss  of  a  hand  or  a  foot,  even  if  it  is  in  exce.s  of  seventeen- 
ei<,-hteenths.  no  lu'^her  rate  than  S17  a  month  can  \k  allowed.-  It 
is  clear  that  this  ratin-  of  the  disahility  eaixed  I.y  a  chronic  di- 
case  or  diseases  in  terms  of  ei-htecnihs  of  the  ii-ahilitv  for  the 
I>erfomiance  of  niamial  lahor  c(|uivalent  to  the  loss  of  a  hand  or 


'  Till'   third   .yr:!.!.-   |)-rin;,iioMt    ^pccifu-    ,li-,Tl,ilitv    rate   wa-;    niM-H   .,-.   <'4    -, 

.n,,„.„   hv   Uu-  act  „f   Mar,.,,    y   IX^,.  ,„„   ,he  a.V  exp^."?  pr"  mL,"  l.^^'n^ 

luHKc   slunil,     l.e   ma.lo   ,„    thr   Jl,s  a   inoMtli    mtc   which    miKht    l.o   pr.nx.r- 

tio,iat.-ly    .  ivi.lril    a>o.r,hnL'    t.,    thf    t,  rnis    ..f    .Sc^aion    4oW    ,,f    the    Ro  Md 


1.^8  lEDF.KAL  MII.ITAU\  I'KNSIONS  1\  THE  L'MTKD  STATES 


a  foot  imist  Ijc  a  very  tocliniial  an  1  i.'  iiiplicatcd  matter.  The 
variations  in  tlie  character  of  the  work  done  liy  the  loial  boards 
of  exaniininfj  surgeons  and  l)y  the  medical  examiners  in  Wash- 
ington add  tt>  the  difticuhies  of  the  proMeni.  Tlie  more  a  simple 
minded  layman  i)enetrate^  ii.tn  tlic  ■  I'Miinties  of  the  system  the 
more  he  is  apt  t>>  regard  ilie  conipiicateil  i)ractice  of  the  Tension 
linreau  as  likely  to  achieve  either  the  arbitrary  or  the  absurd — 
and  sometimes  lH)th. 

The  number  of  jjensions  granted  under  the  general  law  ft>r 
diseases  has  l)een  much  greater  than  the  numl)er  granted  for 
wounds  of  varit)us  kinds,  ami)utations,  and  injuries  received  in 
Ixatlle.  Though  no  recent  official  statistics  of  the  disabilities  for 
which  jiensions  have  l)een  granted  are  available,  Conunissioner 
I'lack  published  a  statement  of  classified  facts  upon  this  subject 
in  his  rep<irt  for  1888.  The  folk>wing  is  an  abridgment  c)f  this 
statement,  covering  the  pericnl  of  twenty-three  years  after  the 
close  of  the  Civil  War: 

ClASSIFU  ATKl.S    OK    AlJ.    Dl^.MlII.lTIKS    KiK    Willi  II     rKN>l(iNS    WkRK    fikANTtl) 

TO  JCNK  MK    1HK8' 

Xu.  of 

Disability  cases 

(umsliot  and  shell  wounds...  117.947 

Clnotiic  diarrliea  55,125 

incise<!  and  contused  wounds 

:ind    other    injurie^ 41,t)49 

HlRuniati>ni.  including  mus- 
cular    40.790 

Disease  of  heart 25.994 

Di-ease  of  luiiRs 2.?,471 

Disease  of   rectum 22.517 

Disease  of  eyes 15.251 

Single  hernia    15.04.5 

\aricose  veins    10,9.i2 

,-\inputations    9.1.59 


I'artial  deafness 

Di-ea-e  of   stomach 

M.'darial  poisoning;    .    ... 

.  . .       8.207 

. . .       7,745 

7.151 

Nervous  prostration    .... 

.    .       5..?2() 
...      4.81.5 

.5,9.52 

l,i-ea>e  of   tliroat 

.\'a-al  catarrh   

. . .       .5.(,71 
. . .      J.320 

Di-ahility 

I!h.(nl    poisoning    

Dise.ise  of  kidneys 

X'aricocele    

Di-e.ise  of  spina!  cord 

Muscular  disease  of  the  leg. 

.\>thina    

Di-ease  of  mouth 

Neuralgia    

Disease      of      scrotum      and 

testes    

Re-ults   of    fever-, 

1  )isease  of  bhulder 

I'.pilepsy    

Suii--troke,  results  of 

Total  deafness   

Ulcer- 

MuscnI.ir  di-eases  of  the  foot 
Di-ea«e    of    lirain,    including 

in^anitv   


No.  of 
cases 
.5.104 
.5,029 
2.887 
2.1)19 
2.255 
2,203 
2,177 
2,144 

2,119 
1,729 
1,523 
1,512 
1.4.^4 
1.420 
1.242 
1,225 

1,098 
1,090 


Douhle  heinia 

Miscellaneous    11,600 

NfiTK.--  In  many  cas<'s  two  or  more  disabilities  exist  in  tlie  same  indi\'idual, 
as  for  example  a  gunshot  wound,  lurnia.  and  rheumatism. 

'  Report  of  till'  Commiss'umc:-  of  I'liisions   for   1888.     House  Ex.  Don., 
Vol.  12.  50th  Cong..  Z^\  Sess..  (itU.9. 


THf-:  GI-NKRAI.  LAW  SYSTHM  139 

(Iknkkai.  I,a\v  Widows  and  Deiknuknt  Kei,atives 
As  lias  Irtii  set  ionh  cariitr  in  this  chapter,  the  act  of  July  14, 
18f)_',  piuvideil  that,  in  case  an  Dfticcr  or  i)rivate  .sokher  died 
from  causes  due  to  his  mihtarj'  scr\icc,  his  widow,  or  his  ori)han 
children  under  sixteen  years  of  af,'e,  or  certain  otlier  deiKiuleiit 
relatives,  -IikuM  l>e  entitle<l  ti)  the  sanic  |)ension  as  the  ofticer  or 
soMier  ui»nld  have  received  for  total  (lisai)ility.  This  ranged 
from  $30  a  month  for  a  lieutenant  colonel  or  ofticer  of  hif,dier 
rank  to  eif,'ht  dollars  a  nuMith  for  a  private  soldier  or  saili>r. 
ne^'innin-,'  with  1S65,  a  series  of  acts  made  the  (general  law 
system  cf>nstantly  more  liberal  in  provisions  for  widows,  chil- 
dren, and  dejR'iident  relatives.' 

After  the  ])as.s,-i-je  of  the  act  of  July  27.  1868,  the  state  of  the 
law  was  alxiut  as  follows:  The  widow  of  a  private  .soldier  who 
died  from  causes  of  service  orifjin  was  entitled  to  a  pensif>n  of 
ei^'ht  dollars  a  month.  Her  pension  was  jjranted  until  remar- 
riai,^e  or  death.  The  widow  was  entitled  lo  an  additional  pay- 
ment of  two  <lollars  a  month  for  each  child  of  the  deceased  sol- 
dier under  the  aj,'e  of  sixteen  years.  Where  there  was  no  w  idow 
livintr  and  entitled  to  a  |>cn.sion.  a  sin<,de  child  under  sixteen  years 
of  aj;e  was  entitled  to  a  iK'n>iiMi  of  eijjht  dollars  a  month.  If 
there  were  more  than  one  cliiM  under  the  ajje  of  sixteen  vears, 
the  children  were  entitled  to  a  jieusion  e(|ual  in  amount  to  that 
which,  under  the  circumstances,  would  have  l>een  allowed  to  a 
widow. 

If  a  deceased  soldier  left  neither  widow  nor  child,  certain 
othe-  dependent  lelatixes  were  cliphle  in  succession  to  receive 
the  pension  of  eisjht  dollars  a  immth.  In  cases  of  this  kind,  the 
act  of  1868  e^talilished  the  order  of  ]>rei-edence  as  follows: 
"first,  mothers:  secondly,  fathers;  thirdly,  orj)han  hrothers  or 
sisters  under  sixteen  years  of  aj^c,"  who  were  to  he  pensioned 
jointly  if  there  were  more  than  one.  If  the  dependent  mother 
and  father  were  Inith  livinj,',  the  father  was  fjiven  the  right  to 


1^1 


#  1  : 


'  .'^.•f  ,ict^  "f  Marcli  .V  1W,5.  Jimc  6,  l>it/,,   Uilv  2S.  18«),  and  Jiilv  27,  1868 

r.    .S,    i/il/M/iM    ill    iMIi/t-. 


14(1   II  1)1  K\IM!I  \\.\U\  ri-.N^KiNS  l\  IHKl'M  rii)>r  \'l  l> 


>iii.'ii'i-il  '-I  llii'  |ii'n>ioii  nil  tlu'  (liaili  lit'  tlic  iiinllicr.  And,  in  i';i-.f 
of  ilif  ikaili  111'  till'  I'atiiiT  aii(l  nintliiT,  tlio  di-pcniU-nt  Mr|)!)aii 
l>i'iiliiT>  and  sNirr-  nt  tlu-  ^nldiir  under  sixteen  \ear*  ni  a,i;e 
were  i;i\en  i(i;nl  lille  In  llie  |)en-i(>n  until  tliey  attained  tlie  .i^e 
cil'  ^i\Utii  \ear-.  re^pieiivels  ;  tlie  pen>inn  In  ilaie  I'ruin  llie  deatli 
Ml'  llie  [lartv  who.  preiedint^  llieni,  vvuld  have  lieeii  entitle<l  to 
tlie  -aine, 

'I'he  "I  on^olidation  Ait"  of  Matvii  .>,  1S7.V  |>rovided  tliat  in 
ea^is  where  l!ie  widow  wa-<  di'ad  or  clel'arred  front  reieivinu'  a 
I>en^ion  and  there  was  only  one  >tir\ivini;  eliild,  the  child's  pen- 
sion -iionld  he  increased  two  dollars  jht  month.'  Tliat  is,  the 
child  was  j^raiitcd  the  amount  to  wiiich  a  widow  with  one  child 
wi.nld  U-  entitled — ten  dollars — rather  than  the  eij,dit  dollar 
widow's  pension  rate.  The  provision  also  carried  with  it.  in 
ni.iny  c.ises.  ^exen  ye;irs'  arrears  of  increase. 

'  )n  .March  1''.  \><Xf'>.  .an  ini;iortant  increase  act  l)ec;mie  law."  It 
provided  that  the  iK-nsions  of  all  widows,  minor  children,  and 
(le]<en<lent  relati\es  .alreaily  on  the  ]K'nsion  roll  should  he  in- 
ciea^ed  from  eii^ht  to  twelve  dollars  a  month.  XothiiiL,'  in  the 
act  was  to  affect  the  existinj,'  alliiwance  of  two  ilollars  per  month 
inr  each  child  nmler  the  a.s^e  of  sixteen  years.  This  law  also 
provided  that  widi^ws  and  dependent  relatives  who  inifjht  there- 
after K-  i>laced  upon  the  |H.'nsion  roll  should  receive  twelve  <loI- 
l.irs  a  month,  with  tlie  limitation  that  the  increase  api>lied  only  to 
wid<iws  \.  ho  were  married  to  the  deceased  soldier  or  sailor  prior 
to  March  1''.  ISSfi.  and  to  those  who  ini;^ht  thereafter  marry 
prior  to.  or  dnriiiLj.  the  service  of  the  s.  iMJer  or  sailor.  This 
increase  of  fort\-ei,i:lit  dollars  a  year  affected  some  '\s,("H)(»  cases 
then  on  the  rolls.  U-sides  claims  allowed  after  the  passau^e  of  the 
act. 

.\s  has  previously  heen  stated,  a  widow  receives  two  dollars  a 
m.mth  additional  pension  (jn  account  of  each  child  under  sixteen 
years  of  a.sre.  She  may  not  lie  deprived  of  this  additional  allow- 
ance hv  rea'-on  of  such  children  lieint;  maintained  in  whole  or  in 


-  P'ld..    x\iv,   5. 


I  in    MMI;  \l     l.\U    >N  -TIM 


par; 


i\|i<ii-i-  III   tin   .i.iii-  i.r  ihc  iiitl,!ic  ill  a-n   nl 


licatl'ili;! 


'-lilt';:'  II 


'I'l-i 


i\    ;n-liiiipMii  i.r-ani'ivl    Pr  il 
M 


u-  cari.'  Ill   Mil- 
|iiiaii-       li:  i-.i-c  a  iiiiiior  ilul.l  i->  iii-anc.  idioiii-,  nr  nilicr- 


.,>f  pirniaiK'iilly  ln.'i]ili~~,  lii>  ,  ,r  lur  |K'n>i..ii  iniitii 
lil'c  iir  iliinii;;  the  |  tTJiwl  ,,|'  (|i-at'ilii\ .' 


UK'>  iliiriiu' 


lit-  |:i-ii-!iiiis  .,i'  all  .L^viicral  law  \\u\ 


||\\  -.  I  (•■•anlU'^^ 


ll 


III  MiariMLH-,  \MTi-  li..i.(l  al  luclvf  d.. liars  a  lui.iiili  li\   :1k 


IV  (laic 
art  Ml 


1  |i:iivi(lf(|   that   "till-   rale  nj" 


|ii-ii-ii.iN    iiir 


\|.iii  ".    I'li'X.'   uhicl 

Aid'i'A^,    iniiinr   cliiMri'ii    iiikUt    tlio   a.i^r   i.f    -i.\lii-ii    \car-.     aii<l 

ln-lplr--  tiii'i'T-  a-  (kliiicd  1\    cxi-iniL,-  law,  n. 'U    mi  tliu  r.ill  nr 


liiTfafttT  Id  l,t' 


I  .'HI    I    cill    tin- 


iK-llMiiii  IN  ill  a::d  fiititk-d  tn  n-t 


rate  ;r.aii  iurt-iiiafHT  i 


iiiMiii-'l,  -liai 


iwi'lvr  ildlli 


I  In    :)IT 


iiiii:  and  iintlii,)..  hvrcii:  -liall  ln'  c-nii-triH'd  ti>  at'lVrl  ll 


K-  f\|st- 


!ii:  a.l.iuanif  d  tv\-  dollars  ^-v  niniitli  t,.r  cai'li  child  under  th 


ai.'f  lit  "-ixtt'tii  vfai-s  and  fur  laih  li 


I'.IHl-s-'    Ctlll( 


.-hi 


I'tM-thcr  ;iic:ca>c  in  llu'  rale  nf  w  id 


i.\'  I 


w  idiiw   will  I  w  a-  tli 


ii\\>    ]ieii>iiins  \\a<  tiiaile 
lis  law  prnvided  that  every 
(■  law  ImI  wife  of  a  suldier  ur  sailnr  ihiriiiL   tiie 


he  aet  nf  Sej)!eiiil>e'r  S.  I'M.,.       Tj 


pel 


hi-   -eivive   in   the   (  ivil    War   -liquid 


dnllar>  a  iimnili.      A  iienMini  at  the  same  rate  u 


nil!    riceue   Iwentv 


Is  aisM  iiriivulei 


for  Civil  War 


wiiJMWs  ti[„:,i  atlainin^-  the  a,i;e  nf  s^ventv  vears.' 

es  ill  the  wa\'  nf 


'I'll-  law   has  dune  s,,inelhin^  in  place  nhsiacl 
nierreiiavN  niarria-es  in  a!,'cil  Civil  War  veterans  with  the  nhject 


ni  "^aniiiiL;  Itlle  tn  a  u  u 


Iv'W's    [)l 


■n~inn.     All  act  nf  March  ,\  IS'"). 


.r.  i\ 


idcd  that  a   widrnv   w  hn  did  imt   iiiarrv  the  sMidier  prinr  tn 
he  date  ■  f  the  act.  i  r  nr-nr  tn  nr  diiriii;_r  his  service,  shnii'd  have 
nw's  jn.-i,sin:i  unless  it  U'  sh,,wii  that   she  livt 
th  him  cniitiminiisly  frnm  the  date    .f  mairiaL 


n  ■  tttli- 


.1 


anil  C'  iM.ai    ic  I  w  i 


the  date  nf  his  death,  nr.  in  case  nf  s^parat 


paratinii.  that  such  scpa- 


f 


■'111.  ;u!.l  ihi 


.I7l.i     .1"  ll'r   |. 


-I   M.i 
.5!    :i;m|   2- 


\'<\i-n|     s;,.;).,,,^       Sl'lti'll     ,;    ..f    ill,-    .n-t     ,,t      ll 


I'«:.s'.       I,    r,,';i(|.  ,1    w,,!, 


\\  It':    n  ;j:iri 


11:1-     '    |rrr;:!MII     nf     liR' 


.f     \|iril 


-I'l-.l  ,.l- 

T' 


i\-   iin.lrr  •!!.■    lit  ..t  JT-.r,.  27.   )Si)0.   wIu.m'  liii-lMii>l- 


:'ii-is  ivil   "I    MTvK-f  lirimii.      I  .  .s.    \l.:!iii,-,;  ,if   /, 


ir'ir.   \N.\v 


(A. 


incr'  a-r    :i 


PI'linI    '-tl 


I    t"  ucri-ral    law    \v!fi-i'.\-^   :'ii'l    i^'   w 


'il'-   ■III    "•'   jniu-   .'7.   I.K'^ll.   ;m<l    s!i|Mi|fiii,'iv,ir\-   Ir-i-lati. 


iM'V.i. .    n'MiT 


U4 


K-t(.li.T  (..    I'M/" 


;i  I'ixil   W.ir  anil  W.ir  -aiiIi  Siiaiii  wiil'.v.-  In  JJ5  a  ni.iiu!i 


tl 


ic  p.n-i 


-n   rail-   f. 


r.  S.  St 


I'WI. 


V% 


14 


J   IKDKKAI.  Mil. IT  \\i\  I'KNsH  >N.S  IN  Tll|-.  UMl  I  1)  s  r  VTKS 


ration  \sa>  thnnij/h  no  fault  nt  liors  However,  the  widows  of 
Spanish  War  MiMiers  arc  I'xifi'tcil  trom  the  prnvisions  ot  this 
act. 

\\  liilf  the  reinarriaf,'e  .if  atiy  widow,  dquiuU-nt  inotliei  or 
dei>i'ndent  sistiT,  entitled  to  |kmi-ioii,  r;m>e->  lu-r  iKMisio-i  to  \k 
sio|)|)ed  it  d  •<••,  not  liar  lu  r  rij,dit  In  receive  the  aiiioitnt  of  the 
|K'n>i<in  to  the  dale  of  ri>inarri;ij,'e,  even  thouj^h  she  ilid  not  ai>(ily 
for  the  peiiMon  mini  after  siuh  reiaai  ri,ij,'e.'  .'smh  ia>e>  often 
in\cilve  the  |>;iMneiit  of  lar>;e  siini-  of  arrears  under  tircuni-.tanccs 
which  i-on-titnte  an  alni-ie  of  the  Uxnity  of  the  p)Verinnent. 

A  widow  who  has  lost  her  iR'n^inii  !>\  reason  of  remarriage 
inav  even  In.-  re-tored  to  the  |Hiisioii  roll  when  she  aL;ain  liecinnes 
a  widow.-'  i"or  man*  years  (irior  to  the  pas>a!,'e  of  the  act  of 
SepteinU'r  S.  1'IK>,  ihe  rci|tiireinents  fur  the  restoration  of  a 
widow  to  the  |>ensi.Mi  roll  were  that  ^he  had  l>eeii  the  wife  of  the 
soldier  diirinj,'  the  [H'riod  of  hi>  iniliiaiy  >erviie;  that  she  was 
lien-ioiied  as  his  widow  liy  leason  of  his  death  U'iiij,'  dne  to 
disahility  of  service  oriijin;  tlinl  her  name  wa^  drop[x'd  from 
the  roll  hy  reason  of  her  remarriai;e  to  another  person  who  has 
since  died,  or  iiotn  whom  she  was  divnrted  upon  her  apjilication, 
and  without  fault  on  her  part;  and  that  she  was,  at  the  tini-.-  of 
her  application,  without  me.uw  of  sunpori  other  than  her  dailv 
lalwr  and  a  net  iinouie  nut  ex -eedins;  S-'.^i'  ]kt  annum.  The  act 
of  Sei)teinl'er  8,  l')ir>.  uindr  tlie  provi-ion  for  the  restoration  of 
widows  to  the  pension  rdl  <'\en  more  lil>eral.  .\t  present,  any 
widow  (d'  .1  Civil  War  ■-. .jdiei  who  has  lo^t  her  pension  liy  re- 
ni.'irriaj^e  may.  upon  n.'.iiii  U'conuin^  a  widow  or  ujion  l>einj(  di- 
vorced wiihoiu  her  own  fault,  l>c  restored  t')  the  roll  at  the  rates 
now  provided  hy  law  , ' 


'  SiH-tiiin   47(i.s,    l^'t■u^^•ll   .^latiiU'v      Sri-   ;il<c,  ,nt   ..f    hint'   7.   I8.S8. 

-■ /Mf"riii,;fi..»  .V,-/,/m  ,;  .•,.  .Innx  ,uul  Xii.y  /',-».tt<Mi.t  ,ivd  Hnuntv-I.aHil 
W'.irr.xils,  I'*15,  17.  \K.i  ;i.t-.  ..f  M.irih  .!.  l'*!!,  ami  |-ol>riiarv  J8.  190,?,  J\  .S". 
.St,itu!,s  .it  /.U'l;..  \XN).    1445    144fi;    xwi;    (Cut    1).  ''Jll-<i_'|. ' 

Mrrl.iit:  win..\vv  who  remarried  wrr-  li.irr,  d  l'r..iii  a  ji.n-M'n  \<\  ai'  act 
(if  Marili  ,?,  IS'i.i  Til. >\!i;li_  they  were  m.t  |ilae..l  ..n  the  peTisiim  mil  when 
the  s.'liher  hii^liaiul  died  fri^m  eaiKe'.  dii.'  li.  h\^  mditary  i=ervi.  r  {lieing 
l),irred  liy  their  ...rly  rei'nrn.n;r  i,  n,,w  aMer  ihe  death  nf  the  re.m.l  iir 
later  liiislhitnl  tb,  \  rds.,  a'e  entitled  t..  he  jihu  e.l  ..n  the  IH•n^l-Il  ill  at  the 
rates  citahhshcd  hy  law. 


-W 

'■^o-. 


wt 


I  II'    (,l  Nile  \l.  I.WV  SVSTKM  143 

Dorm. I    I'iNMiiN   iiiK  DiATii  on  DisMiiiirv  i'uo.m 
\s  I  \  I  ro\  l.)ri  V 

'  .'ii;;;c^,  lia^  i<-<ciitl\-  :ir.,tni-fi|  rmiMial  pciwion  liciu-til^  to 
(■•■nam  |,ti„,iis  uli..  Mtiicr  a-  the  ri'Milt  o|  aicidfiits  in  aviation 
MTvuc  \ti  an  oi  Manii  .v  \<>\:-,,  prnvi.lol  tliai  in  all  ia>i'^  in 
uhicli  an  .f'tui  r  .>r  I'lili^ieil  nian  .>|  the  navy  or  iiianiic  int|„  .lie 
or  I.  (liN;il,lt,|  i,_s  rfa.-dii  .,i'  an  injury  ii'.-civf.l  or  <li->ca>c  lon- 
trait.-<|  III  liiif  oi  ,liii>.  ••tlif  M-suit  o|  an  aviation  atxi.leiii.  re- 
ceived uliile  eiiii.l..yeil  in  aeiiial  llyiiij,'  in  or  liaiuMiiiL,'  air  irati. 
the  aiiioiiiu  ot  inMiMon  aKov.ed  >hall  Iv  .lonMe  tlial  aiitln-n/ed  to 
k-  paid  >honld  death  ,>r  the  disahdil\  have  .«.iiirred  \>\  reason 
of  an  injury  leeeive.l  .  ,:■  di,ea>e  e..ntracted  in  line  of  dniv.  ii.K 
the  result  .if  an  aviatmn  aeeideiit."'  I'liis  ,<^ivinj(  of  .|,,nl>le  |>en- 
sioiN  for  (Xtia-hazardous  luiliiary  service  is  novel.  .\n  aiii>!i- 
catioii  to  (  oii;:i-ess  f(<r  similar  iienetits  f,,r  persi^iis  operatiii-  --ul.- 
inaiiiies  uoiild  not  lie  -ii;  pri-iiii,'.  ()livion~ly  tlie  law  will  pro- 
vide |)ensioiis  for  iioth  invalid-  and  the  deiR-ndent  relative--  of 
deceased  aviators. - 

The  coni[)rehenMve  -eiieial  law  peiisiMU  system  has  kvii  ile- 
.scrik-d  in  its  es>enlial  features.  In  a  matter  s,,  complicate.!, 
much  of  detail  must  necessarily  he  ..initte.l.  Tlie  provisi..n>  of 
the  system  have  heen  applie.l  t.)  the  Civil  War.  the  vari.nis 
oi!iTati..ns  ,,i  tile  le-u'ar  army  and  navy,  the  War  with  Spain 
and  the  I'liilippine  Insurrection,  and  they  ai)ply  likewise  to  the 
recent  o|)erations  in  and  near  Mexic >.' 

Prior  to   18'X)  all  pensions   vjranted  on  acouiit  of  the  I'ivil 


i 


'  V.  S.  Stittuirs  at  Large,  xx.wiii,  'Mil. 

-  'Ihf  .-iLiiw  ii^ir.iKriiiih  nn-  MriM.ii  InlMn-  ilic  |i,i-^;i>;r  ,.f  tlie  .|.  !  it  .  ir!  .h.-r 
0,  191/.  wim-li  makes  "c-vi-titiL:  p.  ii-p.ii  laws"  ina|)|ilu'aliK-  in  s.-.-vkf  aiiir  thai 
date  .N.i  c.xlr.annlinary  oiiiiiHns.nior.  is  pn.vi.lcd  in  the  lu-w  law  for  iiijiirv 
or  .loath   in  a\i.iti"n   scr\iti' 

■■^  Since  thi^  eh.iiit.r  hi-  \Mi:te!i.  I'^c  fiiit.,1  Sl,il.-s  has  ciiu-ncl  tli-  Inr.- 
pean  War.  'I  he  .irnu.l  t,.r,-,-.  of  ihc  fnit.-.i  States  eiiKaired  in  the  pre-.-nt 
war  w.iuld  have  heeii  entill.-d  V  (he  henelils  ni  the  Ken.-ral  law  pen-ion 
system  desenlie.l  in  this  eh.ipter.  if  no  siipersediiii;  iiKisl.iiii.n  ha,!  liren 
enacted.  Hut.  .>n  (Vioher  (..  l'M7.  President  Wilson  approve.!  a  new  law 
proMilinn  insurance,  c.mipen-.itu.n.  and  other  henchis  for  soldiers  ,„  ilu- 
present  war  and  their  .lependent  re!.itn.s  m  ca-e  of  deatli  or  .!i-ahi!itv  <lur 
to  military  service.  The  old  pen-.-..n  s>-iein  remains  in  force  as  applied  to 
military  service   rendered  hefoie   the  passage  of  the  act  oi   October  6    1917. 


I-   ill 


144   F-KDKRAI.  MILITARN  I'lCXSK  ).\S  1\  THE  L\!TKD  STATICS 


W  ;ir  were  eitlur  under  the  .uveiieni!  law  system  or  hy  special  acts 
passed  fur  the  Iienetit  uf  favored  individuals.  Since  the  iiiang- 
iiration  in  IS'H)  of  a  >y<teni  of  ('i\il  War  service-pensions,  with 
provisions  constantly  bcinj,^  made  more  liberal,  the  nunil)er  of 
j^eneral  law  pensioners  of  the  Civil  War  has  rapidly  declined. 
This  is  partly  liecaii>e  of  deailis  an<l  partly  hy  reason  of  tlie 
tran>fer  of  in-nsioners  from  the  list  of  invalids  to  secure  hiiL,dier 
jension  -ates  umler  the  terms  of  some  of  the  later  service- 
I>ei!sion  laws.  In  V>\5  there  were  less  than  1(LMH)0  pensioners 
of  the  Civil  War  under  the  !.;ei;eral  law.  while  alxnit  5'>0.<KK» 
were  under  the  various  service-pension  acts — i)rincii>ally  the  acts 
of  April  1').  l'X1X.  and  May  11.  I'HJ.  Twenty  years  l)t;fore.  in 
IS''.-',  there  were  aliout  46(t,00()  jjeneral  law  pensioners  ( includ- 
iu!,'  ;i  few  retjular  ar.ny  pensioners)  and  47'>.(XHl  ("ivil  War  pen- 
sioners under  the  act  of  Jmie  27.  IS'lO.  In  the  fiscal  vear  18'>(1 
— just  before  the  Civil  War  service-pension  system  was  inaut^ii- 
lated — tliere  were  5(>.r*XX)  i^eiieral  law   [K'lisioners. 

The  following,'  laMe  i,'ives  the  facts  as  to  the  numl)er  of  t;en- 
cral  law  iK-nsioners  and  tlie  ex])enditures  in  186.^  anrl  everv  fifth 
year  tluvcifter  down  to  the  ])resent.  It  will  lu'  observed  that 
si:K-e  IN' Ml  the  lunnber  of  ,L,'cneral  law  jiensioneis  has  steadilv 
declined. 


1'.  - 


'il  NH'-  \l      I.  \\V     I'l  X-1"N!  I 

.■l'  ( 1.  nrrnl  l,.iw 

-l<  III'  ■■-    .  i;    1\.  ■'' 

,  ".'  II.         T   ;.  ■  Iiu.-ili. 

]<i  ii'l-pi- 


!■>;..■■, ■ 


l.v;o 
!s;5 
l.'sSII 

1S'>1  - 

1 ' « ii  I 
I'di; 

I '  ■■ !  1 1 


.v;s.s!(l*       4S,'.,si|'  s-isi.'i  .S-'J'i'i,.>-IJil(i*  Ji-.liflJ.lO.v'' 

.S7..=.'l'  in.ld.^r  ]'iH.i,i-i,  '',;,!"..;' ..Mi*  l,S/.-l.i'4.4;.is'T 

lii7,114*  l().,r/,';<"  .'1,;7.H,!  1  l.".U.15S,i.l»  l,;.*.(l  41K1 '<-" 

I  !=..?;■_'*       Sii/4_"  JI.^VM  -''i..s7i.,'M(».(,4*  lJ.;.'il.47(.7." 

.M4J1I1*       .Slt,7i.7'  .L'4.'*.,^  47,.'^'4VO(i(,');<-  l.r.i'l ''''.i '.d' 

-ll''.(:4'.  ]\].\2K  :-'M\\7A  7'.,_'5.-.717.J.!  JS„^1'.  HI  C* 

',-7.'_'.i  IlL'.'.'.,i  4?').,s,'<i,  .=')., 5s'.', Jli'M  17.<._''i.7.'!  i'4 

']n,n)j        'Ki.7K,v;  .;i)l.,5iKi  ?^0,s,V5l5-5  14!47.V-]7  71 

-'l",".S4         1^44S.'  .;il,'vSfrf,  l5.Vi4'.r,1.,V;  l,i,4vii(/;iiy  ^X 

\-'\  '-<}         7J'i_'5  1"(._'(i'i  .'-'.''M.jsi>4i  ll.7l>;.,S!4."l 

4.v.v'(i         ,='..IL'(1  Iii1„t5(i  1(.  3.'l\;il'ld.i          s,ii(,;.i)7i\  _N 


-'7.7.'-'ii..si>r.'<l 
_'7.7'M  5(>?..^t 
.i,V.^''7.417.,;( 
'.!  _'(I7.|«K!  5'. 
li>4.."l,.>^«,.i.' 
77(HN.'l,'.v05 
^'''.?.-7.'''.v4'' 
.^'»0.'4..=;70_'7 
44(..=7,!iM  ^2 
J5.4s'(...'ri  .1! 


t|i,i-1i:,!.  -  J.nl.i   ui, !,..,..  ,,;  .]  ■I.-|i.  n.!.  iils 

M\'ri"rt  .  i'  l,'^'"i  iiif.  iiiiiK.:( . 

■  li-.lr..I.  -  .1  Mn.ill   i!',i!:i!.,  r  ,.f   ■,v:.i..'.v-.   ,  I,- 


iiu.ili.N  ..]■   w.ir-  i.ti,.]    •..  t'..-   Ii\il   War 
...r-  I.n..r  1..  W'A. 


■I    w.ir-  !  ricr  t' 


IKol. 


Tin-  CKNFRA!.  LAW  SVSTr:M  145 

W  AH   will!   Spain   and   I'iiimi'imni;   lN>iui;i:n  ion 

Since  tho  .1,'eiR'ral  !;iu  |K.'n>i(>ii  >y,stc-iii  cxtfn(l>  iiuk'tinitclv  fur- 
ward  in  it-  ai>i)licatiuii.  tlure  was  n.>  nceil  of  new  invalid-pension 
legislation  for  the  War  with  Spain  and  the  I'hilipiiine  In- 
siirrectK-n.  The  Iiueral  system  of  i)rovisiMns  for  di-ahilities 
ori.irinatin-  in  actual  military  serxice.  which  had  Uxn  develoix^d 
in  the  thirty-three  years  since  the  Civil  War,  ai.jilied  at  once  to 
the  soldiers  and  sailors  enj^aj^'ed  in  the  hostilities  with  Spain. 
They  were  lietter  protected  in  the  matter  of  invalid-ixfiision  pro- 
visions than  any  other  soldiers  who  had,  up  to  that  time,  l«eii 
called  til  the  colors. 

The  tollowinj:  taMe  ^ives  the  facts  with  re},'ar(l  to  the  nnml)er 
of  pensioners  and  the  expenditures  i>n  account  of  the  War  with 
Spain  and  the  1 'hilipiiine  Insurrection  from  18<H»  to  191(i: 


War  uith   Spain   anh  Piiilum'Im:   Insiukm  tici.v    I'l 


.SiNtK    18W 


Fiscal 
^  car 


18<W 

vn)\ 

1<*(»2 
19(M 
1904 
IW.s 

1<«17 
I'JOK 
IW) 
1910 
1911 
]<*U 
1'>1,? 
1<*14 

ms 

1<»1(i 


.\i'.  of  I'ni-idiRTs  cii  Kd'l- 


Im.i::.:-  .   .mh!  I  ir- 
pinilciit-^ 


1_M 

882 

•V.s.s.s 

6.61 1 

<>,_'(H) 

12.440 

l.S./ll 

17,(>4(i 

19,0J1 

20,.s48 

21.%7 

22.78.1 

2.?.84I 
24.1.^7 
24,2,sO 
24..170 
24.101 


176 
87.1 
2,049 
2.8.=i4 
.^.U<1  ' 
4..i89 
4.780 
4.97,=. 
.S.046 

.M17 
.S.128 

.\1(16 

.\!07 
.s,0(W 
4.8.S8 
4.6«) 
4..=y2 
4..V1 


•r..t..i 


299 

1.7.=;.=; 

•'.4<o 
12,862 
'.6,82" 
2(»,491 
22.fi21 
24,077 

2.=;.f>6.=; 
27  ,<«.=; 

27.8.«9 
28,4'*  I 
28,8.=;o 
29.0  l.S 
28,910 
28,912 
28.472 


Iiivali(I> 


IvNIiiiulituns 

Widows 
and  Di- 
pciidtm^ 


?9.4.?0..=;i 
1.=;<>,807.<M 
()82.(I20,24 
l.I7.=;.178(>1 
1.,s.L'.(>48.77 
2.2.i7,t)24..v 
2.,=.s  1,267.21 
2.60.i.721.87 
2.(>28.619.17 
2.804.849,«) 
2,970.800.84 
2.970,601.92 
.I110.i(00.(,.1 
.1.1.?0,W1.22 
.V240.844.S(, 
.!,1.i2.,v2..-.i 
,?.10.=;.807.74 
.I076.7,'.v88 


$19,176..10 
17fi,0<»731 
49.i.20.S..S2 
.=;(..1.267,()7 
671.4,i=;.44 
8«.9.907,21 
8.=;8,7.M.,W 
8.!8,4.14.6<. 
842..=;.?8.10 
84'A27,>  .12 

8,"..'17.W 

840..i.^O  (,_' 
840.0'M  S.i 
8.?0..!2.V.=;6 
77.=;  1,17(10 
74.=;,89,i  7.? 
72.V491.K.? 


Total 


?28,(<)6.81 
J.i2,'i().=;.25 
1.175,22.S.76 
1.7.i8.44<).28 
2,204,08421 
.!.1(V,.9.?1.78 
.1.4<X>.998.S4 
.1.442, 1.=;6.5.5 
.1.471. 1.S7.27 
.1.6.';4.122.98 
.1,820.169.80 
.1.807.919.91 
.1.9.sl,2.M,2S 
,1,971,086,05 
4,071,168.42 
.1.907..VI9..1J 
.1.8.s1.701,47 
.l,8tX),22.=;  71 


Totals <41. 120,622.17     ?12.6.'4.04.=;„18    I    $.=;.1.744,(«7.55 


il-i 
•r  : 


'  CoiTipdcd   troin  tlit-  reports  ot"  the  Commi-siom  r  ot    IViimi 


146  FEDER.\L  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

Regular  Army  Pensions 

From  the  Civil  War  to  1W4,  regular  anny  pensions  were  paid 
under  the  general  law,  and,  the  amounts  being  conii>arativeIy 
small,  exixnditures  were  not  separately  reported.  In  the  fol- 
lowing table  are  presented  the  numljer  of  regular  army  j^ension- 
ers  and  the  cost  of  their  pensions  for  each  year  from  1904  to 
1916  inclusive: 

Rkgilar  Kst.\blishment  Pensions  Since  1904' 


No.  of  I 

tiisioners  on  Rolls 
Widows  1 

Expenditures 

Fiscal 

Widows 

Year 

Invalids 

.md  He-  ' 
pendents , 

Total 

Invalids 

and  De- 
pendents 

Total 

1904* 

9,501  1 

3.231  ; 

12.7.52 

$1,610413.84 

$677,511.15 

$2287,924.99 

1905 

10,030  i 

3,403  - 

13.433 

1.723,017.24 

696,568.49 

2,419,585.73 

1906 

10.648 

3.544 

14,192 

1.813.181.61 

708.620.49 

2,521.802,10 

1907 

11.076  i 

3.615 

wm 

1.897,963.48 

737,068.37 

2,635,031.85 

1908 

11,786  1 

3.722 

15.508 

2,016,853.38 

749.749.83 

2.766  603.21 

1909 

12,426 

3.870 

16,296 

2.101.797.19 

774,282.95 

2,876,080.14 

1910 

13.1801 

4.(M1 

17.221 

2.187.267.05 

813.723.07 

3.000,990.12 

1911 

13,757  1 

4.179 

17.936 

2.358.731.34 

839,102.85 

3,197,834.19 

1912 

14.373  1 

4.340 

18.713 

2.433,074.20 

875..W1.11 

3„508,37S.31 

1913 

14.561  1 

4.397  '■: 

18.9.58 

2,560,379.27 

886.762.61 

3,447,141.88 

1914 

14,919 

4.412 

19..M1 

2.581,190.51 

893,957.18 

3,475.147.69 

1915 

15.242 

4.488 

19,7.10 

2,631.95522 

903,9.?6..W 

3.535.891. .V. 

1916 

15,553 

4.549 

20.102 

2.711,946.09 

913.964.15 

3.625,91':  .24 

Total  St. 

$28,627,770.42 

$10,470,548.59 

$39,098,319.01 

*  For  the  first  time  the  number  of  pensioners  in  the  repilar  establishment  was 
pven  separately  in  1903,  invalids  9,l70,  and  widows,  2.938  (Report  of  Comtnis- 
sioner  of  Pensions.  1903,  p.  16),  but  it  was  not  until  the  fiscal  year  1904  that  the 
amount  paid  out  was  listed  separately. 

t  These  totals  represent  the  expencliture  under  the  regular  establishment  frora 
the  time  it  was  listed  separately,  1904.  Previously,  the  regular  establishment 
was  included  under  the  general  law. 

In  closing  this  account  of  the  general  law  pension  system,  the 
emphasis  should  not  be  placed  upon  the  difficulties  and  abuses  in 
administration,  but  uix>n  the  essential  justice  of  the  principle 
upon  which  the  system  is  based.  Those  who  are  called  upon  to 
take  up  anns  and  risk  their  lives  in  the  defense  of  tlie  state  ought 
to  be  cared  for  generously  in  case  they  are  disabled  by  wounds 


'Compiled    from  iho  reports  of  the  Inmmissioner  of   Pensions. 


THE  Gr.NERAI.  LAW  SYSTEM 


147 


or  other  injuries  receive.1  in  tlie  i>erfomiance  of  their  military 
duties.     U  hen  soldiers  make  the  su|)renie  sacrifice  of  their  Hves 
in  military  service,  everv  sentiment  of  honorable  oblijjation  and 
gratitu.le  approves  provisions  l,y  the  state  of  i)ensions  or  other 
assistance    for   widows   and   dependent  relatives.     An   invalid- 
pension  system  is  in  accord  with  justice  and  .sound  public  poIic^' 
I  he  more  such  a  system  can  be  freed  from  abuses,  inequalities 
and  frauds,  the  larger  will  1^  the  funds  available  for  the  deser%- 
mg  and  the  more  equitable  the  distribution.     Optwsition  f.  un- 
necessary service-pensions  to  those  who  were  not  disabled  in  the 
army  is  calculated  to  conserve  the  funds  of  the  state  for  more 
hberal  payments  to  the  invalid-pensioners.     Throughout  Amer- 
ican history  the  pannent  of  invali.l-pensions  has  received  general 
public  apj,roval.     In  the  matter  of  Civil  War  [tensions,  there  has 
been  very  little  objection  to  a  constant  increase  in  the  invalid- 
pension  rates.    Tiie  most  serious  evils  that  have  arisen  have  been 
in  connection  with  the  service-pension  system  (lescril)ed  in  a  later 
chapter.     The  country  does  not  wish  to  do  less  for  soldiers  dis- 
abled in  the  line  of  duty  and  for  the  dependent  relatives  of  those 
who  are  killed,  but  a  I>etter  .system  is  needed  in  order  that  pen- 
sion funds  may  be  distributed  with  greater  eciuity  and  with  less 
waste. 


M 


1 


CHAPTER  II 

Civil  War  Pensions — Arrears  Legislation — Pensions  and  Politics 

I'.arly  in  ilie  >(.-veinit>  ilio  nutnher  of  itil-ral  ])t11^il'lu'r^  and 
tlif  annual  jK-nsicm  (li-iiursfincnt^  aiipeartil  to  have  readied  a 
niaxiinmn.  provided  no  important  clianj^es  were  made  in  the 
iws.  In  explaininj,"-  tlie  pen  ion  appropriation  hill  for  the  liscal 
year  1874.  (leneral  (lartield.  chainiian  of  the  Committee  on  Ai>- 
piopriation>.  said  in  the  lloiise  of  kt])resentatives  on  Decemlier 
]_',   187-': 

It  i>  interestinfj  to  in(|inre  what  the  tendency  of  oiir  ]R'n- 
>ion  appropriation  is  likely  to  he  from  year  to  year.  i'Vom 
the  fi;,nires  1  have  just  stated  it  will  he  seen  that  there  has 
lieen  a  steady  increase  for  several  \ears.  it  is  thoufjht  l>y 
the  Commissioner  of  I'ensions  that  we  have  now  reache<l 
the  top.  s^>  far  as  the  amount  of  expenditure  is  concerned ; 
hut  he  does  not  think  that  that  top  is  a  peak  from  which 
we  will  at  once  descend,  hut  rather  a  plain  uikhi  which  we 
will  fjo  for  ]K-rhai)s  several  years  with  a  suhstantial  ref:n^t- 
larity  of  amount  ahout  the  same  as  we  are  now  payinjj  per 
annum.' 

The  view  presented  to  the  House  in  ( ieneral  (iarfield's  remarks 
was  an  excellent  forecast  of  the  immediate  future.  In  1874  the 
dislnirsements  for  j)ensions  reached  the  hif;hest  amount  ever  ex- 
])erienced  uj)  to  that  time,  hut  the  jRMision  list  decrea-sed  in  luim- 
l>^rs  fpim  the  j)revious  year  for  the  first  time  since  1862.  The 
follow  in-,'  tahle  shows  that  the  ix-rind  immediately  after  1874  was 
one  of  -.low  decline  in  nuinher  of  (x-nsioners  and  in  dishurse- 
ments : 

Ti'tal  ili-lmr-i  niciiiv  Total  ihithIht 

Fiscal  yt.ir  fur  iifii-imi*  i^f  pcii-iiii-.i-rs 

187.^ $26.'>82.(>63.8<)  238.41 1 

1874 3(>.2(>r),778.'»<t  236,241 

1875 2').27(>.4<>4.76  234.821 

1876 27}KVK2t^).?.^  2.U.\?>7 

1877 28.182.82!  .72  232.104 

1878 26.786.U)«».44  22.^.^>'>i< 


t'('»i.(;rf.t.w('im/  (,7i)('r.  4Jil  Cpii|j..  ,m1  Si->n..   Part   I.  167. 


'»■'■♦  i 


ARRi;\K'S  I.BilSLATlOX 


149 


\.vcr  >uux-  1,X7,S  have  the  iiunilR-r  ni  pensioner,  an.i  the  an- 
nual .h>l>tir,enient>  heen  at  s..  low  a  level  a>  in  tliat  vear 

y.v^nmuv^  as  early  a,   \H70.  there  was  als.,  a  nutahle  fallin- 
<'tt    ,n   the  ni.n.her  of  ,„i,i,nnal  claims  presented  ,.n  aeo.nnt  of 
sery.ee  ,n  the  Civil  War.     The  nunil.er  of  ori,i,Mnal  eiann,  filed 
binder  the  jret.eral   law-praetieally  all   (  ivil    War  elaitus-was 
-4.8.-1  in  1X70:  I,s  1.S4  in  1S71 :  lu.n.M)  i„  i.s7j;  15  ;>,  „,  ^^-^. 
and  l.r_>X4  in  1X74.      iVon,  1X71  to  1X7.1  the  claun  a.^ents  were 
In.sy  pressi.i-  appluations  under  the  War  of  181_'  pension  act  of 
18/  1.     .\tter  the~e  were  disp,,>c.l  of.  thev  .li>plave<l  -reaier  ac- 
tivity n,  stin.ulatinf,^  .lew  (  ivil  War  claims.      In  Mich  efforts  thev 
were  donl.tle^    materially  a>,i.te<l  hv  the  j,^reater  hVralitv  of  the 
,ironer;d  law  rales  alter  the  pas^a-e  of  ,he  "Consolidation  .\cf 
<'t    IS/.?.      Mr.  numlK-r  ,,f   ori-inal    Civil    War   clainw   tiled    in 
IS/.-  was  17.70X:  i„  lX/-f,,  i_'.7f.X:  in  IX/"  _'.',|r,');  and  in  1X7X 
2.\"t)4.      l!nt.  desime  the  U-.l  efforts  of  the  pension  attornev,.' 
new  application,  were  more  and  more  dittlcult  to  secure    .uid'to 
I>revent  the   I,,-,,  ,,f  their  lucrative  Inisine,,  thev  U-an  an  a- 
f,'ressive  a,i,ntation  for  new   lej;i,,latioii.' 

In    his   annual    report    for    1X7X.    Commissioner   of    Pensions 
Ik-ntley  -ave  consideraUle  attenti..n  to  the  method,  i,,,,l  hv  the 
IK-nsion  attorneys  in  peisuadin-  persons  to  file  claim.      He  ,aid 
that  the  country  was  l,tMii;:  continuallv  advertised  and  dnimmed 
from  one  end  to  the  other  l.y  claim  .-isent,  in  pursuit  of  per,ons 
who  had  honest  claims,  or  of  those  who  were  willin^,^  „,  con- 
sideration ot  the  fact  that  it  would  cost  them  nothin-  nnle,,  thev 
won  their  iK.-nsions.  to  ii'e  claims  that  li.ad  no  merit,  leavin-  it  to 
the  m-enuity  and  cupidity  ,,f  their  a,-enis  to  ••w,)rk-  the" cases 
throu-h.     The   C.)mmi,sioner  also  called  attention   to  the   fact 
that  protessional  claim  a.!,'ents  and  claim  lirm,  at   Washini;i,>u 
ami  other  [XMut,  were  advertising  their  Inisiness  !,v  ••emi>l,,vinf,r 
for  that  puqx.se  in  some  instance,  sheets  issue.l  in'  the  fonn  of 
IRTiodical  new,paiH.T,  pun.ortin-  m  k-  puhli,hed  in  the  interest 


m 


It 


'The    f.icts    in    tins    p.iraRr.iph    ,i.    t,,    original    Cml    \V,r    cu;u<    r,],,i    ,„ 
various  >c;ir<   an-  .  „,i,„l,.,l    ,>„„,   ilu-   h\-r  .rl   of   •h,  C.m'r,-    t    ,  " 


T 
III 

id 


§Ji 


:rmr^ 


150  FEDERAL  MILITARY  PENSION'S  IN  THE  UNITED  STATES 

of  the  soldiers,  the  columns  of  which  contained  matter  in  which 
a|)parent  anxiety  for  the  soldiers'  welfare  and  a]>peals  to  their 
love  of  gain  were  cunningly  intermingled."'  These  sheets  always 
represented  the  advertisers  as  in  the  enjoyment  of  special  and 
peculiar  facilities  for  the  successful  prosecution  of  claims,  and 
often  added  thf  suggestion  that  no  charge  would  be  made  unless 
a  iJension  should  l>e  obtained.  The  advertisements  contained  in 
such  journals  and  their  continual  agitation  for  new  jiension  laws 
had  an  undoubted  effect  in  producing  a  demand  for  more  liberal 
allowances  among  the  old  soldiers  and  their  families  throughout 
the  country. 

In  their  efforts  to  give  a  new  impetus  to  the  expansion  of  the 
I)ension  system,  the  claim  agents  made  use  of  "arrears"  as  a 
rallying  crj-  with  which  to  attract  the  support  of  the  veterans  and 
their  widows.  Many  persons  who  were  discharged  from  the 
army  during  the  Civil  War  had  not  applied  for  i)ension.  Some 
had  not  api)lied  until  many  years  after  discliarge.  To  under- 
stand the  significance  of  the  agitation  for  arrears,  take  the  case 
of  a  soldier  who  was  dischargeil  from  the  army  in  1864.  If  he 
applied  for  a  pension  in  1877  and  provetl  to  the  satisfaction  of 
the  Pension  Bureau  that  he  was  suffering  from  disease  which 


'  Althf  ii>;h  there  were  a  number  of  such  pubh'cations,  doubtless  Commis- 
sioner lUiitlcy  had  particularly  in  mind  George  E.  Lemon  and  the  Xiilinnal 
Tribune.  This  publication  was  started  in  Washington  in  October,  1877,  by 
Mr.  Lemon,  a  Uarling  pension  attcjrney.  .Appearing  at  first  monthly  and  later 
weekly,  it  professed  devotion  to  the  interests  of  soldiers  and  pensioners.  It 
als  1  included  considerable  reading  matter  of  a  literary  and  historical  nature. 
Adverti^i  ment~  of  Mr.  Lemon's  bu-iness  were  prominently  displayed.  The 
.Wili'iiuil  Tribune  championed  and  urged  upon  Congress  an  extensive  pro- 
gr.ini  of  pension  k'gi-Iati"n.  It  undertook  to  watch  the  work  of  the  Pen- 
sion lUircau  in  the  interest  of  pensioners  and  pension  claimants.  I'rom  its 
tir-t  number.  Mr.  Lemon's  [)ubIication  entered  upon  an  ardent  ■,  .impaign  for 
arre.ir^  "f  pension  bgi>Iation.  It  also  containe<l  flattering  editorial  praise 
of  tl'.e  efficiency  of  Mr.  Hentley  as  Commissioner  of  Pensions  and  urged  that 
his  sal.iry  ought  to  be  increased.  When  Mr.  Hentley  insisted  upon  the 
advocacy  of  plans  for  reforms  in  pension  administration,  the  Xalii'iiat  Trib- 
uiu-  turned  ujion  him  and  alt.icke<l  him  persistently  and  bitterly.  The  journal 
had  a  r.i|)id  gri>wth  in  circulation,  and  its  political  influence  was  not  to  be 
despised.  <  In  January  1.^.  188.\  Mr.  Lemon  testified  before  a  committee  of 
the  Ilou-e  <:i  Repri'-cntatives  that  the  .Wili  'luil  Tribune  was  then  a  weekly 
journal,  g^ing  to  I.itwe.n  IH.lTiK)  and  l''.(K«»  pn-i  offices  and  having  112.()«)l) 
paid  subscribers  It  is  still  published  in  IVK).  See  House  Kepnrts,  48th 
Cong.,  id   Ses>..   1W<4  IS8.=;.  Report   \o.  Z(»^.  \u. 


If! 


AKRKARS  LEGISLATION 


151 


originated  in  military  service,  lu-  niijjlu  l^e  granted  a  pension  to 
commence  from  the  date  of  filing  the  last  evidence  necessary  to 
establish  his  claim.  I'c.ssibly  he  might  \k  rated  at  eight  dollars 
a  month.  The  contention  of  tlie  aiKxK.ates  of  arrears  pavmcnts 
was  that  he  should  U-  paitl.  upon  the  allowance  oi  his  claim.  l>ack 
pension  dating  from  the  time  of  his  disch.irge  from  the  army 
and  at  the  same  rate  jK-r  month  as  th.-.f  ,t  which  the  pension  wa5 
originally  granted.  In  this  hypothet  A  case,  if  the  proiH>sed 
arrears  law  were  enacted,  the  pensioner  would  receive  $1200  or 
$I3CX)  in  a  lump  siun  at  the  time  he  received  the  first  i>ayment 
on  his  pension. 

In  cases  where  claims  had  already  I«en  allowe<l  and  the  pen- 
sions had  I)een  i>aid  only  fr<.m  the  date  of  filing  the  last  evi- 
<lence.  the  arrears  bill  required  the  government  to  reoi^n  the 
matter  and  to  pay  the  i)ensioner  the  arrears  for  the  intervening 
time  Ix;tween  the  actual  commencement  of  his  pension  and  the 
date    ot    his   discharge    from    the   army.     Thus    the   proposed 
measure  invoked  the  payment  out  of  the  Treasurv  of  a  very  large 
amount  of  arrears  on  claims  that  had  alreadv  l)ecn  allowed     \n.{ 
there  were  a  great  many  thou.sands  of  claimants  interested  in 
participating  in  the  lavish  distribution,     .\noiher  more  imi>ortant 
feature  of  the  arrears  measure  wa.s  its  application  to  new  cinni. 
It  offered  what  amounted  to  a  large  cash  premium  on  the  c   (al^ 
Iishment  of  original  claim.s.     The  temptation  to  an  old  sol.lier  to 
allege  that  he  had  a  disability  which  originated  in  militarv  ser- 
vice was  made  exceedingly  strong.     Once  a  claim  wa.s  tilal.'dclav 
in  the  adjudication  operated  to  increase  the  amount  to  be  ,Kiid 
m  cash  if  the  claim  were  finally  successful.     There  was  great 
inducement  to  spare  no  means,  right  or  wrong,  to  bring  Tlwut 
favorable  action  by  the  Pension    Ihireau.     The  arrears'  proper 
sition    was   before    C.  digress    in    several    different    forms.     The 
various  bills  did   not   ai,'ree  as   to  whether  arrears   shonl.l   Ik.- 
granted  on  all  claims  to  1h.>  established  in  the  future  or  upon  only 
those  claims  which  should  be  filerl  with  the  Pension  Bureau  lie- 
fore  a  certain  date  after  the  pas.sage  of  the  law. 

It  is  imiKirtant.  in  passing  upon  the  expediency  and  justice  of 


N, , 


t 


f:.,."j 


J^lii 


fy., 


15.'  i-i;i)i.k.\i  Mii.n  \R\  iminsidnmx  Tin:  L'nitkdstai  ks 

tlic  iiiovi'iiu-nt  for  ail  arrears  act.  li>  rc-view  tlie  prDvi^ioiis  i>f  law 
wliiili  had  1k-cii  in  lurcc  siiu-i-  1X6_'  with  rcj;;ar(l  to  tlic  coiu- 
nieiici'nit.'iit  of  ])eii>ii)ii^  L;rant(.-(1  on  atcoiint  of  service  in  tlie 
Civil  War.  The  act  oi  July  14.  \Ht>2.  provided  that  iiivalid- 
|)cii>ion^  shoiilil  (.'"iniincnce  Ironi  tin.'  date  of  diNcharije  in  all 
cases  in  which  the  application  >hi'nld  he  tileil  v\ithin  one  year 
after  that  date:  otherwise  the  |N.'ns!on  was  to  coininence  from 
the  (late  of  tdiiij;  the  application.  I'ension>  to  widows  and  ile- 
pendcnt  relativo  weie  to  coininence.  without  limitation  as  to  the 
date  of  a]>plication.  from  the  death  of  the  -oldier  on  whose  ac- 
count the  pen^ion  in  (incstion  was  ,L,'ranted.  l-iinher  ])fovi>ions 
reijardin^'  the  coiiimeiiccment  of  pensions  were  made  in  1S64  and 
18()(),  and  the  whole  matter  was  left  in  a  >tate  neither  clear  nor 
satisfactory.  Without  .i,'i'in.i,'  into  coiifu'^iiiL:  details,  it  i?.  eiioui^li 
to  point  out  that  under  the  c\i>tint;  provi>i'iiis  there  was  tiauL^er 
of  unjust  discrimination  In'tween  claims  of  c(|ual  merit. 

I'revious  iiro\isions  retjaidin;,'  the  time  from  which  ('ivil  War 
|K'nsions  should  coininence  were  >uper-.eded  by  section  six  of  the 
act  of  luK-  27.  1S()S.'  This  --ection  provided  that  all  ])ensions 
which  ha<l  ln-en  i^raiUeil.  in  con^eciuence  of  d.eath  occurring,  or 
(lisea>c  contracted,  or  wounds  received,  since  .March  4,  1S61.  or 
which  mi.!;ht  thereafter  he  !,'ranted.  sliould  commence  from  the 
di^charu'c  or  death  of  the  |H"r>on  on  whose  account  the  |)ension 
had  heeii.  or  niiijht  Ik',  uranted.  In  order  to  secure  the  iK-nelits 
of  this  ])rovision.  it  wa^  reijnired  that  ap|)lications  for  i)t."nsions 
'hould  he  filed  with  the  ( 'oti,niissioner  of  I'en>ions  within  five 
vear-<  after  the  rii^hi  thereto  hail  accrued:  hut  applications  hy.  or 
in  hchalf  of.  insane  [KTsons  and  children  under  si.xteen  years  of 
aj^e  mij^ht  Ik,-  filed  after  the  expiration  of  the  five  years,  if  previ- 
ously they  w,.-e  witliout  ijuardians  or  other  lesjal  representatives. 
This  e\ten>ion  of  the  time  for  prescntincf  Civil  War  pension 
claims  cau'^ed  the  payment  of  many  millions  of  dollars  of  arrears,' 


-Till'  .'irnar'-  )vii.|  in  tin-  t'i-,:il  mmt  I87J  n'mii'  aiv.otmlfil  \:>  'riween 
$4.(11  Hi.fXIU  :iiiil  j:,',lll)(M)IH».  /:rr  irf  nf  ih,-  (  ,i»imi,t.o,iii,-r  ,./  /',-,i.5j, ..;.r  >  ,-  \H72. 
l/tiusr  t-.x.  !>■>.  ,  4_M  roiii;,,  .M  S^•^s..  h'cp.i't  of  ilie  Sfcrelary  of  the  /n- 
lcr\or,  t.  ,i.V.. 


AK'KI  AR-;  I.Kf.ISI.ATiMN  [53 

Inn    it    scruMl    to  i-.t;il.li.li   a   .Icfitiiti-  ami    liliera!   I>;i,ms    tor   the 
f'liimu'iiit'mt'iit  iif  |)fii>.ii)Ms. 

'I"Ik>  imiH.rtaiit  (nii.,, ligation  \ci  ,,|  Maiih  .1  1S7.V  i.n.vidcd. 
>.imilarly  t..  ilu-  act  .,(  lSr„s.  ,I,at  a  i.c-nsi,.,,  .li,.iil.l  omiuu-iu-e 
tioiii  ill,-  death  ,,r  di^-har-c  <,i  tin-  iicr>r.ii  ,,n  wliose  aa-..mit  the 
cl.iini  had  been,  or  .h.-idd  thirealtcr  U-.  allnuuil.  nr  tn<iii  tlie 
temiinatioii  of  the  rij^hl  ..f  tlie  parly  havin-  urior  titlf  to  the 
IK-iision.  provide.!  that  the  a|>p!ieaiioii  lia.l  l.eeii.  ,.r  ^h.,^lld  Ik.-, 
filed  within  live  year>  alter  tlie  rij,dit  to  peii>ioii  ha.l  aeenied. 
Otherwise  the  pen-ion  ua>  to  nminience  iVomi  the  date  ..I  lilin>,r 
tlie  la-t  evi.ience  nece^siry  to  eMal.li-h  the  claim.  rh:>  live 
years'  limitation  ua-  Niili-ei|iieiitl\  emix.died  in  the  ReviMil  Siat- 
ntes,  and  reniaine.l  in  loice  nntil  the  pa.-atje  of  the  \riear-  \ct 
of  187'>. 

W.c  the  law  as  it  >iood  in  1X7.?  -uhsiaiitially  jii,t  to  the  -ol- 
<lier  or  to  the  xddicr's  w  idou  ' 

<'<immi>sioiier    of    l'eiwion>    Maker    ur.)te    in 
187_': 


%] 


Ins   rejum    tor 


I  he  claims  presented  diirin,:;  and  iminediatelv  after  the 
close  of  the  war  were  clii(  lly  for  wounds  or  iiiinries  received 
or  disease  which  disaMe.l  the  soldier  from  retnriiiii-  to  his 
accustomed  vocation  in  civil  liiV:  while  th..se  madelii  iter 
years  are  lartrely  on  account  of  disease  which  developed  t..  a 
disahlmt,'- extent  some  time  after  his  return  from  the  Army, 
and  are  of  somewhat  doubtful  orij,dn.' 

The  [KTiixl  ,,{  five  years,  prescribed  by  the  act  of  18(.,S  and 
the  Consolidation  Act.  seems  to  have  k-eii  entirely  sufficient  to 
afford  a  soldier  opportunity  to  discover  whether  or  not  he  was 
sutteriiij,'  from  any  disability  caused  by  militarv  service,  and.  in 
case  he  had  a  disability,  to  file  an  application  for  an  iiivalid- 
l>ension.  If  he  did  not  file  such  an  application  within  the  live 
years  after  his  dischar-je  from  the  amiy,  it  is  reasonable  to  su]>- 
lM>se  (except  in  cases  of  insanity  or  incompetency!  that  he  either 


'  A-,;/.„r/   ,)/  the  cV>»iHi,«..-,„.,-r   .,/   I\;isi'i,s   for    ]H72.     Ilou!,-   Ev    P.,,- 
4.1J  LiiriK.,  Ml  .Soss..  Rcf'.irl  ,1/   V, .  •-,■', iry  of  lnl,-rx.<r.  i,  ,L'5. 


134  l-KL)!  KAI.  MILITARY  TENSIONS  IN  I  HE  UNITED  STATES 

(lid  not  desire  a  jxjnsion  or  that  he  was  not  at  the  time  conscious 
of  a  ilisability  such  u>  would  warrant  a  claim.  If  h  cr  he  de- 
cidetl  to  apply  for  a  iwnsion.  or  was  induced  to  do  so  by  the 
representations  of  a  iwnsitm  atti>niey.  it  is  liard  to  see  any  sound 
reason  why,  upon  the  allowance  of  his  claim,  he  should  receive 
payment  of  arrears  from  the  date  ui  hi>  discharge  from  the 
anny. 

In  such  a  case  as  that  used  in  the  alK)ve  illustration,  something 
mii^'ht  l)e  said  in  favor  of  laying  tlie  pension,  if  granted,  from 
the  date  uf  filing  the  application  rather  than  from  the  date  of 
com|)leliiig  the  evidence.  The  olijection  to  jKiying  the  jK-nsion 
from  the  date  of  filing  the  original  apjilication  is  that  it  gives 
oi)j)ortunity  for  abuses  when  claims  are  long  iiemliiig  ami  oi  a 
doubtful  character,  or  when  they  have  once  lieen  rejected  and  are 
later  revived  on  the  plea  oi  new  evidence.  In  cases  of  this  char- 
acter, there  is  strong  incentive  to  complete  tlie  evidence  by  ipies- 
tioiiabie  or  fraudulent  means  in  order  to  dbtain  arrears  from  the 
date  of  the  original  application.  It  was  tioubtless  for  rca.sons  of 
this  nature  that  the  .icts  of  186S  and  1873  provided  that,  when 
claims  were  presented  and  allowed  after  the  expiration  of  the 
five  year  i)eri(,Kl.  the  pensions  should  commence  from  the  date  of 
filing  the  last  evidence. 

The  ajiplication  of  the  tive  year  limitation  to  widows'  claims 
seems  aKo  to  h.ive  lx>cii  reasonal>Iy  lit>c-ral.  That  i)eriod  of  time 
.itter  a  'Idier's  death  gave  his  widow  abundant  opix>rtunity  to 
present  lur  claim  in  all  ca,ses  in  which  the  death  was  clearly  due 
to  can-e-.  which  originated  in  military  service.  .\  later  presenta- 
tioM  of  a  claim  would  usually  ir.tan  either  that  the  w  mIow  had 
not  iK^en  in  immediate  need  of  a  pension  or  that  there  was  no 
clear  or  certain  conntvtion  between  the  soldier's  death  and  his 
militarv  service.  The  [lossiliilitv  oi'  establishing  such  a  connec- 
tion mii^ht  lie  snggesteil  to  a  widow  long  years  after  her  hus- 
band's death,  and  the  suggestion  might  lead  her  to  endeavor  to 
pp>ve  that  some  illness  or  exposure  in  army  service  had  gradually 
brought  on  the  disease  of  which  he  died. 

An  hvpotli.  tical  case,  fairly  representative  of  many  real  ones, 


AKKKAKS  l.K(.ISI.\  rioN 


155 


I 


may  Ik;  u.^ed  a-  an  ilhi.stratioii.  A  M>lt!icr  was  ilischargttl  from 
the  army  in  18(»l.  lie  married  in  1865  and  was  al'ie  to  sui)|H>rt 
himscli  and  wile  l>y  his  usual  (Kcupation.  After  a  few  years  he 
was  in  jioor  health,  and  in  1871  he  die<l  of  lulierculusi-,  never 
having  ai>plieil  for  a  [icnsion.  Not  comiectinf;  his  death  witli 
army  serviie,  his  widiw  *'iled  no  ai-phcation  within  the  five  year 
f>ernKl.  However,  in  1878.  she  was  infoniied  that  she  could 
prohahly  estai)lish  a  valid  (lension  liaim.  She  filed  an  ai)i)liia- 
tion  and  seeiired  evidence  that  her  huslwnd  suffered  from  a  severe 
attack  of  bronchitis  while  in  the  army,  and  that  he  was  unusually 
susceptible  to  colds  after  his  dischart^e.  A  combination  of  mili- 
tary, medical,  and  lay  testimony  connected  the  tulnrrculosis  tmni 
which  her  huslxmd  died  with  tlie  attack  of  bronchitis  as  a  cause. 
The  Pension  Bureau  allowed  the  claim  and  placed  the  widow  on 
the  roll  at  eiujht  dollars  a  month  to  commence  with  the  date  of 
filinj.^  the  last  cvitlence  in  the  case. 

If  the  widow  destril)ed  in  this  hypothetical  case  had  filed  her 
claim  111  187f>,  l>efore  five  years  had  elapsed  since  her  hust>and's 
death,  she  iniffht  have  received  ,-i Tears  <)f  jKUsion  from  the  d.ite 
of  the  soldier's  death  in  1871  to  the  date  of  the  final  allowance 
of  the  claim — a  lump  sum  of  aln^it  $.50(1  The  contrast  in  the 
settlement  olrtained  by  a  wii'^w  who  filed  her  application  within 
the  prescrilied  time  limit  ani  that  oiitained  by  a  widow  who  af>- 
l>lie<l  after  the  expiration  of  the  five  year  jwriinl  was  undoubt- 
edly calculated  to  produce  a  feeling  of  dissatisfaction  in  the  mind 
of  the  latter. 

The  advocates  of  an  arrears  of  ixjnsion  bill  held  tliat  liie  dis- 
crimination against  the  tardily  filed  claims  was  unjust.  I'hey 
nr,i,'ed  that  the  f^ovenimcnt  should  pro  -de  for  the  ()ayment  of  the 
arrears  to  ail  pen-ioncrs  already  on  the  rolls  who  had  l>een  iarred 
liv  failure  to  apply  for  a  pension  within  the  time  limit.  F.ven 
more  iniiiortant.  il'cy  desired  'hat  claims  successfully  prosecuted 
in  the  future  should  earn*-  arr  irs  from  the  date  of  the  discharge 
or  death  of  the  soldiei  Tlifie  was  some  difference  of  opinion 
as  to  whether  all  future  aims  should  earn,-  arrears  t)r  whether 
a  limit  should  l>e  enacted  after  the  expiration  of  which  no  further 
claims  for  arrears  mipbt  l>e  prescr'^ed. 


If! 


■•ii 


f,''^ 


%i'>  ^M^^  Anl 


-irsr  iftjlfjs,- 


15(1   II  D'  Iv'  \  I,  Mil  I  1  \K'-i   IMA -I'  i\~.  IN   I  III-.  I'M  II  1)>I  A  I  !■:> 

.M;iii\  .iircar^  !>:'!,  \i  iti-  |»ri»|i<  i>i'(l  in  I  i  .iitjio^>  iK'toii-  ■  i?u' 
liii;i!l\  l>o.;itiR'  hi\y  >iu  li  ,i  tiR'a^iin-  ua-  iiiiicicliiri-(l  in  tlu- 
Ijiin^i'iil  l\i|>ic-i'iii;i!uc»  at  tin-  lir-i  -r>>iiin  ui'  ilio  l.^d  (  (inj^TC'-. 
in  DtriMnkT,  1,S7,V'  I  Iimu:;!!  ia\iiral>ly  iTpoitnl  li'im  tin-  IVn- 
sioii  I  nninutiiHv  it  wa--  ti'ii  ilfhalcil  mi  it-.  niiTit^  and  did  iii>t 
\n-..  {■■.arlx  in  ilic  4-ttli  (on-ns-  a  nninlirr  m'  hills  ^lanlin)^ 
airoar-  wvw  intri  diici'd  in  tin-  IImh^iv  \  >iili-.ti|iitc  wa--  rf]H>rti'd 
in  March.  lxrf>.  wlnili  -  irdiTcd  llic  paMm-iit  nt  arirar^  pruvided 
aipliiatiun,  i.  ere  lilod  iHioic  janiiar>  1.  ISSd.  Tn^^ininnt;  \Mlli 
lannary  \S77.  |Htiiii>n-  and  n-nlntii  in>  in  I'avnr  nt  tin.-  arroar^ 
Itill  wiTi-  |in'«ciitrd  fidtn  liii/cns  ni  main  siatf>  and  Irinu  the 
leL;i--lalnri'>  mI  illini>i>.  Indiana,  ami  \\  rst  \  iri^'inia.  (  hi  tiic  la>t 
da>  111  llu'  ^otiind  >i'--.iiin.  .Maiili  .?.  1S77,  ilti-  llciii^t.'  ti>..k  n|)  the 
arri-ar^  lull  mikKt  sn>iK'n'i"n  nf  the  rtilc>  and  i)a>M'd  it  wiili.int 
di'liati'  In  ilif  Sonati'.  the  Kill  ',\a>  ordert'il  t"  lit'  on  the  table 
on  nioticiii  1)1  Senator  lnu:alN  ehairnian  of  the  IVn^inn  I'oin- 
niitlee. 

'I'he  I'ailnre  <>I  the  a'Tear<  niea-ure  to  Kercnie  law  in  the  44th 
I  f  lu're^  VNa-  i.nlv  a  li'iiipnrary  theek  to  it>  advoeates.  in  W'a^h- 
in^''toii  the  cla'  '  ai;ent>  were  hn^y  sendinij  out  literature  and 
letters  thron'.dio>it  the  eountry.  Their  aim  '.va^  to  stinmlate  such 
a  dem.ind  I'"-  arriar-  arnon'.,'  the  o'd  ^ohlier^^  a->  would  eau-ie 
thein  to  liriii:;  jires^nre  tipon  their  ."Senator-  and  K'epre^eiitative-i 
in  (  oiii^re^-.  iUank  iiePlions  were  -cnt  out  to  he  ^it,"-!!!-!!  and 
returneil  for  presentation  to  ( 'on'.;re  s.  l!i()eiolKr.  1877,  ( leor).;e 
I"  I.einon  lH"^an  the  inhl'catioTi  of  hi-  X'iti  iiuil  Irihuiu'  which 
1,'ave  arrears  a  pronn'nent  [ilace  in  the  lavish  pro'^^rain  of  |)eiisii>n 
le'ji-lation  whiih  it  aivinated.  \nother  claim  a^rent.  X.  W. 
|-"il,:i;ci;ild.  utilized  his  paper  tiie  Cilir.rn  .S'.i/,/;Vr.  to  u'^itate  tor 


I  (^...^/.  h\\,>r,l.  4.M  C.ini;..  Nt   S.ss ,  I'.irt   1.  J').i;   IVirt  .i,  Jl.vt 

-  /'■,/.  44tli  L.tif;..  -M  .'^e-s.  I'art  .i,  1Z21. 

'/'■i/.  _'|i«S.  S' iKil'T  Inu:i!I-  li.id.  linw  i\  cr.  t;iM  ii  lii^  per-' 'ii.il  .iniiriiviil 
Id  till-  (irinciiili  nf  arr.:irs  ulii-n  lie  sanl  in  tlir  Si-iiitc  nii  M.inli  '•.  \H7l< 
'">■•  far  a»  I  am  (■nnrcrnil  |MT-oiialh.  ami  so  tar  as  tlic  ('nmmitict'  .in 
Pt'nsi..iis  arc  .  ..lueriu-ii.  I  Uln'w  thai  vvc  .'iKriT  lliat  llicrf  is  ii.i  rta^.in  in 
till-  natiirt-  ..f  lliini;*  wliy  a  |)ii'sr.,n.  if  it  is  lo  lie  yrantcil  at  all.  sImiiM  n.>t 
ijati'  fr.iin  tlir  in-riiiil  when  tlir  .lisal.ilitv  a.«  riicij  ..r  h  hrn  llie  d.Mtli  .il  ilii: 
per-. Ill  iiccurrcil   fir  which  the  survivor  claiins  tlic  liini'tit  of  the  law." 


ir^«s'. 


.JIte5®?>«53teH 


:k 


\I  Kl  AkS  1  1.1. I>l   v.TH  i\ 


157 


iirrtars  '1  lic^t-  wcrt-  l.iit  t\\i'  i>i  ina'!\  il.iini  aj,'otit^'  |>iil>lit.'ati'iiis 
fiilivti'il  111  tlif  laii^r.  \  prill.  .ii;;t(l  lul>l>\iiii;  iaiiiiiai),'ii  ua-.  mii- 
(iiicttii  111  W  a^liin}4iiii  liy  a  claim  a^tiil.  (  aptaiii  \i.  \  l)miiiiuk. 
uli"  aiU'cI  a^  I'll-  ri|iri>iiiiati\i-  it  .i  I  > -1111111111 1-  '<\  I'l'iisintu'i-s 
uliich  he  liail  liiiii^tll  i'i^;aiii/til.  lie  ^nliiiU'il  ami  rrciiM'il  i^ii- 
tr.IintKiiis  ill  aid  <il  lii->  wmix.  Niut  ilu'  Arrears  Ait  tiiially 
lit'i'aiii'.'  lau.  In-  a-»irt((l  tliat  it^  i)a-.-ai,'c  wa^  ilui'  in  hi-  ittnrt'.. 
With  '  (■  a>-i'<laiui'  dI  -i'mt.iI  ■;civiriiiiu  lit  iiii|ilciw-.  and  tlaiiii 
a"  lia<l  li.'Hi  .i^--in.iati'<I  with  liiiu.  hv  ^lui^ht  t'>  !ai->i'  l>> 

'■■\   ■'  hi'll-.    !•  •'  .•  Ilian\    lllnll^ail'U   nf    [KMl^iolHT^   UllftiUil    a 

I     'lu'v  ;    Mil.      ,ii  nv\ar(l  i'.  >r  hi^ -t-rvice^.       Tlu' .ipjifal  I'nr 

!     -iii       1     i'  f  -       i     1;  \\a~  >fiit  (lilt  t"  tin-  |K-ii^iiiiuT^  ot   tho 

\  '(h:.i         a  liniilar  U'lti"'.   wa--  >ii|)|)<irttM|  \>y  ten 

.  .■-  1      iM    ■     .vs.'      I'.ctnrf  a  j,'ri'at   aniMiini   had   U-cti 

rii      '    u      II         1     ,  !.if  ti>  tlu'  atti'iilicm  of  C'(lll<,'^c^•^  and   \\as 

,r.  !.!•<  I  .1'   I     iiui'>-tij,'ntii>n.      ThiN  hroiiirht  nut  the  le^- 

I'    .  '      I'irl    .ind  hi^  a--iK.-iaii''>  a-  to  their  activities  in 

i,ch„  ■      1  ;'u    ■        !i     l.ill. 

'-  a-  .1  re  lilt  of  the  lal>ors  of  Dinimiik  and  the  claim 
aijeni-  o,  iioui  other  cause-;,  a  nnmlier  of  arrears  hills  were  in- 
tKHlnceil  into  the  llotisc  and  Senate  at  the  first  i  special  )  session 


iV 


t 


'  'riii--c  |nti«N  ti  atl'Tiuvs  urtilinl  "ih;it  to  1  .ipt.  U.  \  I  iiinniuk.  ni  iI;k 
I'ltv,  IS  (iitirtl>  line  ilic  ni.in:it;i!m'nt  ami  ilirci-lioii  m  ilic  pri'-niiiM'M  'i  tlif 
iirrf;ir«  df  iicti^i'iii  lull,  wliiili  li;i-  lificmu'  a  law.  and  to  luiii  i"-|ii\-ially  rvry 
[icnMiiiuT  i>  luiIititiMl  I'l  r  llu'  >-iui'fss  uliuli  has  iTiUMUil  In*  t'tfort-"  C'ai»- 
tain  I  )miniuk  was  al-n  slrotiKlv  rni|cir«til  in  a  i(rii:ialc  si^incj  |iy  (ii-nrof 
I'lHiuri.tt.  I'ul.  uji'in  inxtsii>;atniii.  it  tiiriKd  niit  thai  this  HaiuToft  was  a 
pcii«ii>it   cl.'iini   aKfiit   and   imi   the  cniintiu   hr-ti'iiaii 

1 'iiiimiik  ifstilud  hct'orf  thi'  i-cnmiitH'e  it  tic  ll"ii-c  <,i  Kcprcstntatives 
that  lie  had  Ix-in  "idiuatinn  the  lf);islatiirs."  Hi-  h.id  |irc-iiiti'd  petilii'tis, 
inttTvii  «T'd  immluTs.  iirfparfd  iiainpliltts  and  yirml.irs.  writtt'ii  artu  Ics  and 
cditcirials  fnr  Ilt■«-paplT^,  and  iirK.cni/cd  pinvin'icrs  in  viipp.'rt  .if  the  ile- 
manil  fur  arriar-.  Tw.i  nf  his  a-siH-iatc-  untitled  that  thty  had  calleil  on 
I'rrsidmt  II. HI'S  III  talk  t.i  hini  ah.mt  the  arrcirs  lull,  riirmiyh  S.iiatur 
Maitli.  us  tlux  had  had  a  iln-iiimnl  and  taluilaln'n  :n  Mipp.rt  uf  their  claims 
printed   in   tin-  iriii/ii-ssiniuil   A.      '</. 

In  lis  rt'p.Tl  the  House  I Hn  swv  oondinim  d  Dimmick  and  his  as-oci- 
at(S  as  "-har|Hrs"  who  witc  a.  M"iiiK  "'"  txtort  monry  from  pensioners 
under    the    preten-e    of    sirvm «  I'ne    of    their    miinher    in    securing    thr 

pass,i^;e  of  the  hill  Kf-'i'li'ii.'  ariear.  .  f  pell-lon^"  Dimmick  an<l  ..ther-  werf 
suspended  a-  pension  attormy-  aulhori/i'd  to  pro-ecvlc  cl.niii-  hifon-  t'-e 
I'eii-ioii  Utile. 111.  I\ipvri  ,'f  t'ii-  ( '.  iii>iii(/.i-  1.1  l.xf,  i.iiittiii'S  :n  the  liileriir 
I  ',-,-iii  Ininil  .iccompanied  In  tlu-  'lestimoiiy.  (March  ,1.  l!<7"V.l  Uriisf  Kfport 
No    \i^K  4.Mh  f.in^;..  .-d   Sess.,   1   to   W.l. 


Sf 


158  FEDF.RAL  MII.ITARV  PKNSK  )NS  IN  TIIF-:  UN'ITKD  <;T.\TKS 

of  the  45th  C( ingress.  The  House  was  Democratic.  Kainlall  liav- 
ing  been  electtil  Si>eaker  over  (ia;  .Ul  by  14'>  to  LU.  During 
the  second  session.  Mr.  Rice  of  Oliio.  Cliairman  of  the  Committee 
on  Invalid  I'ensions.  rei>orte(lon  Fel)ruary  13.  hS/S,  a  bill  favored 
by  his  conmiittce  a>  a  snlwtitute  for  various  arrears  bills  which 
hail  been  introduced  at  the  hist  session.'  N'o  action  having  Ix'en 
taken,  on  Ajjril  1.  1878.  Mr.  Cunimings.  a  Republican  from  Iowa, 
made  a  motion  to  sus|)end  the  rules  and  ])ass  a  bill  which  he  sent 
to  the  clerk's  de.sk  to  l)e  reail.  It  proved  to  Ik;  another  arrears 
l)ill.  Mr.  Rice  and  others  sought  to  delay  action  i)y  motions  to 
adjourn.  The  House  refused  to  adjourn.  No  debate  being  in 
order  under  a  motion  to  susiK'ud  the  rules  and  pass  a  bill,  the 
vote  was  taken  and  resulted;  yeas,  146;  nays,  76;  not  voting,  6'). 
Two-thirds  not  voting  in  favor  of  the  motion,  it  was  defeated.^ 
I'.ut  only  two  vott>i  were  lacking  of  the  two-thirds  necessary  to 
pass  the  bill  without  a  word  of  deUite.  Mver-  Mr.  Rice  and  other 
l)eni(nrats  who  had  sought  to  adjourn  the  House  voted  "yea"  on 
the  bill.  Some  ix)werful  influence  nuist  have  Ijeen  feared  when 
so  large  a  part  of  tlie  Democratic  majority  in  the  House  votc<l 
to  ignore  the  C'ommittee  on  Invalid  Pensions  and  its  report,  and 
to  p.iss  in  arbitrary  f;i>hion  a  bill  suddenly  brought  forward  by  a 
Republican  tneml)er.  .\fter  his  narrow  defeat,  Mr.  Cummings 
the  ne.vt  day  introduced  the  same  bill  by  unanimous  consent,  and 
it  was  referred  to  the  Committee  on  Invalid  I'ensions, 

W  lielher  through  lack  of  ardor  fi)r  the  cause  of  arrears  or  by 
reason  of  the  jjressure  of  other  Inisimss.  Mr.  Rice  had  failed  to 
secure  action  on  the  committee  bill  when  the  end  of  the  session 
arrived.  On  tlie  last  legislative  day  of  the  session.  In  ie  19,  1878, 
Mr.  Haskell,  a  Reiniblican  from  Kansas,  got  the  ll(M>r,  moved 
that  the  rules  lie  suspended,  that  the  committee  Ik.-  discharged 
from  consideration  of  the  Cummings  bill,  and  that  it  l>e  pjissed 
This  lime  the  motion  to  siisiK'nd  the  ndes  was  successful,  and 
the  bill  was  i)a>sed  with  the  following  amendment:  "No  claim 
agent  or  other  jKMson  >hall  Ix?  entitletl  to  receive  any  couiiten^a- 


■litd.,  r..rt  .V   Jl.",  J.M7. 


M  Scss,   Part  I.  '«».. 


AKRIARS  I.K(;iSLATI()N 


159 


tion  for  ser\'ices  in  makinj^  application  for  arrears  in  pensions." 
The  vote  was  IW  to  61,  with  65  ixrt  votinj,'.'  Xetjative  votes 
were  almost  entirely  confinetl  to  Southern  and  Ixjrder  state  mem- 
bers. N'o  infomiation  was  ;jiven  the  House  except  that  the  hill 
was  not  the  one  reported  i>y  tiie  (."ommittee  on  Invalid  i'ensioiis. 
Mr.  Rice  said  that  he  liad  trii-d  to  jjct  action  on  the  committee 
hill  and  failed.  He  voted  for  the  Cuniminjjs  hill.  I^ter  there 
was  a  controversy  in  tiie  newspapers  as  to  the  parts  played  hy 
Mr.  Ciimminf^s  and  Mr.  Rice  in  i)assin<j  the  arrears  measuie 
throuj,'h  the  House."  The  hill  was  sent  over  to  the  Senate  where 
it  was  referred  to  the  Committee  on  Pensions.  The  se<<ion  wa-s 
eiideil  on  the  same  dav.  and  the  hill  remained  in  committee.'' 


■C'Hi;.  AV.iir,/.  4,Mli  Oiim-,  -M  .<.  ss .  Part  5.  4874-W75. 

-  Sincf  Mr.  t'utmniiius'  liil!  tiiially  bcc.imo  law.  it  is  interostintf  tn  note 
the  siilislaiui-  'it  hi-  lo-tiiiv>iiy  hifore  the  Hoikc  committee  whicli  iiivcsti- 
gati'il  thr  loljlmni;  ami  cithtr  ar'.i\itifs  dI  Captain  W.  .\.  Dimmick.  Captain 
DintmiiU  h.id  tolilii'il  tltat  he  f.iniurly  resided  in  Iowa  in  the  (hstrict  which 
Mr.  Cumtninys  represented.  Ins  family  lontiiuied  tn  reside  there.  He  had 
spoken  111  Mr.  CiiiniiiiiiK>  -ev.ral  tinns  in  relatiun  tn  the  arrears  measure, 
and  particularly  with  retard  to  getting  the  Senators  fnmi  Iowa  to  vote  for 
the  hill. 

Mr.  CtiinminMS  related  the  circuni-taiices  under  which  his  l.ill  was  pre- 
senteil  to  the  lions,-  originally  and  failed  to  liet  a  two-thirds  vole  for  siis- 
IKnsion  of  the  rules.  He  said  that  neither  himniick  nor  any  other  person 
spoke  to  him  almtit  KellinK  up  that  hill.  The  newspaper-  ih.iri;i  ;  ili  it  it 
was  a  "lohliy  hill  "  ( )n  account  of  these  charRes  he  had  the  bill  amended 
so  that  no  claim  aRcnt  sliouhl  have  any  fees.  Dimmick  "never  aw  me  until 
after  I  introduced  the  hill.  He  came  to  me  as  a  frund  of  the  mca-iire  and 
talkeil  with  me  seviral  time-  about  it."  .\fter  the  bill  had  passed  the 
House,  he  ll>immick|  "said  that  he  kiuw  tin  rt  was  a  job  lieinn  put  up  to 
defeat  it.  and  that  he  should  -(leak  m  ur  Senators.  He  never  -UKire-leil 
anytbiUK  improper  to  me.  and  I  do  not  know  that  he  has  done  anMlimn;  of 
the  kind."     Hints,-  Kt-f.rt  No.  W>.  45lh  (  "Ut:  .  ,nl   Sc-s..  7'J-7.*,  '>.>%. 

^  The  Senate  hail  pas-ed  on  Jiiii.  4.  1,H7."  ctlie  dale  of  the  iiieetiiiK  of  the 
G.  .\.  H.  eni.iiiipini  n'  at  S|irinutieid.  M.iss  i.  an  arrcr-  measure  nf  ,i  tniicli 
more  coiiMr\,ilue  .luiraiter  lliaii  th.it  of  the  House.  The  existinK  law 
was  that  pen -in-,  should  coniiiu  .-.ce  fr.'in  the  deaih  or  di-cliariie  of  the 
-iddier  in  all  i.i-is  in  h!);,!]  tin-  .ippli.  iti.n  was  iiU-d  wilhin  live  years  from 
the  time  ibr  rinht  to  the  pen-i'iii  accriied.  In  .ases  not  tiled  within  tive 
vears,  the  pen-ion  cutiiriu  n,  ed  Ir  in  the  dale  if  lilin^  the  last  evidence 
nice-sary  to  pi  ne  i!i.  .  •  The  Sciu!'  lull  pr.oidid  tliat  m  tlie  latter 
class  of  ca'.  all  peii-ion-  w  iii.  h  had  bei  n  tir.inled.  -r  which  should  there- 
afler  be  mi.  id.  -lioiild  c-  innienre  Irnii  ilir  il.ile  ,i!  'ilinj;  the  application 
rather  tli.in  Ir  'in  the  dale  o!  Iihii!,;  the  la-t  e\  .jeiicc.  It  wn-  c-lHiialed  that 
till-  .'lanye  w.:Id  ;n\oKe  tin  iMvnienl  .il  $45l«MKX)  for  arrr.ir-  The  bdi 
passed  t'l-  Sell  e  withunt  opp.  -iiioii.  bui  the  inure  liber. il  Ibc-e  biit  -tif^- 
■.lUiiited  !i  111  lb  111  vl  -I  -lull.  11,:)  A',,  .,/,  4.^!h  ('onw,  Jd  Sc --  I'.iii  4, 
tilf>.V 


4 


m 


!(,()  i-ll)iK'\i  \;iiii\i;'>  riA  ■  :> '\>  !\  Till-.  r\!  1 1  i)>  lA  ri.> 


ill  loiiiRTtiiMi  Willi  tlif  lail  iliiil  till  arit.ai'>  :>na>iiii'  p.i-'-'ni 
tin-  lli>ii-.c  li\  XI  (ivt-rw  helming:  a  voir  <>n  Juik'  1''.  1S7S.  it  i> 
wiaili  iiciiiij;  lliat  llic  lull  hail  n-ci-n  ril  |iiihlic  i  nd' ir-i-iia-iil  aUnil 
lu  i>  wcfk^  Ix^uirt.'  in  ilu'  annual  addrr-.-.  nt  t  ii-m-ial  |t)lm  C  .  Iv  luii- 
-i>!i,  i.imiiian(lii-iii-iliu  ;  i.t  ll.c  'iiaiid  Aiiiiy  d  llii-  kcpnhlic,  at 
tlif  tufltth  annual  ciuain)'iin-nt  at  Spnnj^lk'Id.  ^las.^..  on  liii;c  4, 
lit-  -aitl  thai  lu'  hail  Ii'it>  -trui'k  v\iih  tlu  justice  "f  tin-  HK'a^ifc. 
ami  ihai  1r-  ha<l  iinnRHhati'l>  l)niuj;iit  it  \i>  the  attcniiMii  m  the 
(Ici-artuu'iit  voinman(k-r>.  h(>iiin^thai  arii.ii  h\  tin-  ^cxtTal  dviiart- 
iiunt  iiKa!ii|iim-nl^  ini^lt!  \r.i\v  an  iiiii«inani  hcarm;;  mi  it-  --lU" 
iH--  i  l>>ur\(.r.  the  (iraiul  Xrniy  \va>  at  thi>  tinif  nuuh  li--~ 
aituc  111  iiuM'Mi  matter^  than  it  U'l-aiia-  m  later  yi-ai-.  It  (l"c> 
II.  I'l  a]i|n.ar  ))■  MniiK-nil)   ni  the  camp  uli    i'l      tlv    Aricar-    \r;. 

ilu-  ad'.d'ati'-  '-i  arrears  exiTifil  ' .  nn-.  vc-  at  the  third  >e-- 
'inn  i.|'  the  A'r',)  i  uiij^re---,  liei^innin^  ii;  Deeeniiier,  1S7N,  in  --e- 
t  are  laNi'iaMe  action  Ia  the  Senate  •>•'.  the  I'liniinin^-  hill  whuh 
ha!  ]ia-:-c>l  the  llou~e.  \  -teady  -ireain  oi  |ietition-  lor  the 
1  loii^e  hill  eaine  lief.. re  the  Senate  from  da.v  to  day.  (  )n  Jamiary 
''.  1S"'>.  Senator  Matthew-  <>i  <  ihio  |;re>eiited  a  i'etiti"ii  on  liie 
siihiee'  ■  1  arrear-  from  "ihe  eNetiili\e  eoiniinttee  oi  the  I'en- 
-1.  nev-'  \--oiiation.  i  I  c  -aid  t'.iat  "in  ronfornnu  with  the 
re»iiie-t  of  ilie-e  ^iiuluiu'ii  who  reiire>ent  the  ;^i  eat  Uidy  oi  the 
]n-  -loiirr-  ih;"imhoi;t  the  eoinitrv"  he  a-ked  unaniniou-  c  nseiit 
I.  ,ia\v  the  ].v!nioii  read  at  the  elerk'--  de'-k  and  iiudr]H>raied  in 
tlu'  l\',\<'i,l.  \o  .  hieetiou  wa-  made.  The  iniition  iiuhide<l  a 
foiiner  e-timate  niad.e  \<\  the  !'eii-ion  Ihireati  o|  the  aiih.imt 
iiei  ded  to  pa\  ai  rear- to  January  1.  \X7(>  Ha-in^;  ilieir  e-tiniate- 
on  thi^  re]c  n.  the  inenioriali-i-  nr^'ed  tlun  titteen  imliioi:-  -i 
do'lar-  would  siitfiie  \'<  \>:\.y  the  arrear-  jirovide"!  '>y  the  lion-.- 
i.i  '  riie\  -aid  that  -i\  -tate  le,t,M>latnre>  and  iiiinieious  orj;ain/a 
iioM-  liad  reeomiiiended  the  ])a--a!^e  of  tlie  S;!!  and  that  ]H-titions 
oi  \rr  two  luindrrd  thou--,ind  iiti/eli>  to  \Ur  -ame  elleel  h.id 
1  eei;  lied  ill  I  om;:t  -.  'Ih.e  l>a--ai;e  of  tile  .n'l  w  a-  lir^ed  "in 
U'liail    o!    lionet^.   ei(Uit\'.     ii-luc  and   moraliu.   and    in   uphold- 


. /.,i,!i,:.    "./. .  ,'ii';,'     7    III,     \. ;!!.'>!, j/    r^tiiiiipmi-'U . 


AKki  .\k>  I.Kc.lSl. A  i  i(  ..\ 


l(.l 


iri^;  and  maiiiuiniiif,'  tin-  natiwii.il  laitli  uhuh  iia-  i^-i'n  plcdj^cd  1" 
tnc  pavMicnt  ut  ilii>  just  tkht.' 

(  )ne'>  faith  in  tlu'  liij;li  sfniinuiit-  a. id  rtpri'.scntatuc  iliaraitcr 
III  thi-  alMivc  "i't-n-ii-niTs  A-•^(lC)aticH!"  i-  sliaki-ii  w  lu'ii  it  i> 
found  th.a  i.nir  nui  •>(  the  live  |)er.-i»n>  M^nin-  a-  m.  rnU-rs  <.\  its 
executive  rciiiinitttH-  were  a--.ciati-.  ci  (  ai'tam  K.  ,\,  i)i!i'iiii>k 
in  his  li}i>hyint;  .i[x.TaiiMn>  and  ni  hi-  aiW  nii>i-  i..  rai-c  i'>r  liinisflf 
a  ti.'>tini(.ina!  liind  anim^  |x.-ii-i(incr-  alter  the  ai.  ai'-  tnia-iire 
hecanie  law  ,t  the  iii\  estij^atmn  ,.i  i  aptaui  iJininnck.  ii  ap- 
IK-ared  that  he  prepared  the  iK-tuii.n  v.huii  Snian.r  Mauheu-  had 
printed,  aii<l  that  iiu-  !'•  ii>ii  mer-  \-s.  k  i,;'u,ii  pmponed  t"  lie  .•n 
Ohio  (»rj;anizati<in." 

In  lamiary,  lS7'i,  niaii>  Seiiai'T-  were  e. -iinn^f  k'fon  ihe  let,n>- 
latines  or  llieir  >tate-  l  r  recierihni  1  eat  '■!'  ii<ilil:i;.i  alta.k-  at 
■iueh  a  tittle  was  prohablx  a  lii.^iive  '.  itli  -'nie  Suiatur-  l  ^r  iip- 
l-ortni;,'  the  arrears  hill.  Senator  In-a'.U  cliairinan  i>f  tiie  Pen- 
-K.n    (,  nilinmtee.    was   attasked  hi-   state,    Kai;-a-     a  her;     liu 

|ieii-i..ii  interest  was  strim;.;.  C  ircular  letlei-  were  -eiil  li.ineni' 
Ut-  ot  the  le^ji-latme,  uiidtT  the  -<...  ..i'  ;,  Si-ldier  '  and  Saik.r-' 
.\— iKiatinii.  with  the  |iiir|ni-e  .■!  preventiiiL;  his  leeinli.  h  i;: 
thi-  etlcr'.  tlie  Im-y  (,  aptaiii  DiiiiiiiK'k  wa-  i  nanicijiant.  -a\in._; 
tliat  Seiiali.i  liif,'all-  ouild  not  In-  -eaehed  ea-il\  ami  iha!  he 
-eetiied  not  t.>k'  inendlx  [•>  the  -oldier-and  sailors.  I'iie  .Sena- 
tor had  a  ]iartiriiiariv  hard  U0n  mh  hi-  liand-  u-  tlu-  Kan-as 
le.L,M-latuie.  charge-  ■.!  ^iMruptmn  lienij;  made  :n  i .  .iiiiei  li<  .n  ■  iih 
his  reeleeiiMii.  il<)\\e\er.  an  investiu'atiii-,' eniinnittee  e.M.neiated 
iiilll  frciii  -nil!  .Ill  ilif-c  ,liar-es.  \\  lu'dut  .  ■■  ii.  i  In  v,a-  m- 
ihieneed   1".    ilie  artac^^-  iiem.u   made  mi   iiini  in\-aii-e  ut   alle'.jed 


V*-.' 

:::i 


'     ii'i.  h,,'  I.:.  -I.';!)  (    .1.^  .  M   -,  --  ,  I'.,.;  1    .;;,; 
^■l'     -l>;n.  I-    (.1     i:,      prill;.,-      ^,,,■.■     \| .  - .  i:.!-,,       r,,Tl,ll^       l;r..H,r, 

>.'i,r.  ,i!;.|  K!ni;l(i  l.iiri;,'  u.,-  'ii  liu-  \\  .ir  I  U  p.ii  iiiu  ni  .Kh.r,-  lir  hm] 
■""'I'-  '■■  '!ii'  '11-  .  I  .•■rt.iiii  II  i;iinc(it-  i'r.-i>il>l\  «,i-  .i  nu  --.  iiyi'i  iii  llic 
W.ir  i  ii|  ,iin;rrii  Hr.-wir  w.,-  ,,  .  Itrk  ■■<-.  \],.  I'.i;  i,.i,  iijli,,  >-.i,|l,-,-  «.,,  ., 
'>■■•'<"'    "'    'III"    ul'"ni    I  .i|:i,iiii    hiMiiiiuk    li.i.l    ni,  I    wliil,'    .,!•    Mihnj;    ,i    |iiii- 

■"■■    •■"iiriili"!!    ..■    I   r|.;in,i.    'iln...    ■!,    1s;k.      S.idl,  r   rum-    :..    W.,-!Mi!vi..n 

:lii    ini.n-i      I    ilii    .,ri<Mr-    !.ill    ulnli    :i    u.i-    '.,-i'Mir    tlir    SeiMtc       KiilIu 
:^    iiiir    :,<-.l       .'".».,,■    /.    ,-    .,■    \.,     IS'J.   4--1I,    i..,UK.    ''I    >(- 

■  //•  !■  ''    \        IS').    4.-ih    (■■  111.  ,    M    s,,,.      ,,.) 


^1 


.1 


](,_'  i  1  Di'-.u  \i.  Mill ."  \k",  i'I"n>;m\s  i\  mi  rx   'i-us'i  \ri' 


t 


!a  k  lit'  ^\  iiiiKi'ii;,  \,  nil  iln'  -oIi'ut  and  ;,i-n>iiiiUT-  ■  i-.  tht'  I'ait 
;l.;it  .*^i-iiatoi'  lii;;alK  Ni'i  in'_;lii  tlu-  arrcai--  Mil  lit't'Mri'  tlu-  Seiiati- 
;'.i-:!  vliaiiipioiH'(|  ii-.  ['a--ai;c  on  Jamia;  ^  I^k  iS7'1,  iii>i  Imhi;'  U-forr 
lia'  till::  U'LTan  in  ilu-  Kaii>a-  IcL^i^latnii'  W  lien  ilaim  .i,'eiit 
lA'iiiiin  'cni  lilt  tlu'  ianiiar\-  mtnilKT  nl  In-  .iiiiiiiuil  'I  rihin:,  .  an- 
;;■  riiciii',,'  joyful'y  that  tin-  ari'^ars  lull  liail  parsed  llmwf  and 
>i'ia'f.  111  -aid  <"'  SiMiaior  lii'^.iiU:  "'!  lu'  inn-ii  nu-r^  :v  c  -really 
!•  ,r' •,(•  1  to  Stiiali  :■  lii'iall-,  mi  Kaii-a-.  tur  In-  iiinirni'j,  cl't'iiri- 
a'-d  lalioi-  in  hfliall'  "i^  tli'-  1  "  and  he  lia-  fanu  d  and  de-ervf- 
tlir  iiii-nd-lnii  and  -n|)iiiirt  ■ -i  cvi'iy  -nMici  a-  well  a-  every 
|iatrii)iu-  eitizen    " 

Tlu  Senate  driiale  on  the  arrear-  hill  \\a-  nii  i-t  niadeij'iale, 
Mr.  lnj;all--,  vv  h' ■  \.  a-  in  vhar'.;e  "I  the  lii'l,  ijaM-  H"  i  !•  ar  .iiid 
dftinite  illtdrmal:  mi  a-  ti  >  \\  hat  it  inij.;lu  U'  exiK'i  ted  |.  ■  ei  i-l  I  le 
e.  :i--ed  the  >>■, .•)],,■■  thai  : -.  .ni  SlX.t  X  n  i.i «  m  i.>  ^;_'i  i.i « i  i.i  h  « i 
\  '  ','ld  he  reiitnrc-  ;  i"  jias  area'  ' 'ii  rlaini-  iha!  had  a'icaih  In-  n 
ri!i^"ed  htit  t!ie  S(  iiaie  '.\a-  'e-'  eiitireU  in  dn-  dark  a-  Id  ihe 
;  --I'lihlie-  i:t  'ihi-  niea-nre  in  -1  MiilatniL'"  new  ilaini-  li\  it-  ]iro- 
vi-i'iii  thai  arnar-  -'i  iiild  U-  nai'  'ii  all  elaini-  t  '  W-  alk.wed  in 
tkr  I'ntiir-  '•.  r  i.l'ti.ial  e-tiniate  ■•  -tateiiietir  oi  the  c  '-t  nf  ihi- 
.-^vriar- In!!  a-  let'^re  die  Senate  a:  all,  hut  an  i-"inati  ji'eiared 
1  .  i!'e  I'.nirar  nt'  ren-'-ii-  I'l  ir  aii'.ilier  and  diliereiit  lull  \\:i- 
r'  '■','.!  ii  I  -  ■■  '  (■•- :rni  Tlie  ad\  •  nate-  •  it"  the  id  L'a\e  ~-r!;ati  ir- 
t:'i'  :n'|in-~-!.  n'  ihi'  i'  >rd  taki  iMt  mure  than  >_'<  i.i  s  w  1 1  •  *  i  poni 
i;  '■   Idea-iir  I  l'i\    'i' iValed  an  iiit(IIii;ent  atleinpt  tuanuiid  the 

'  ■-■■  aii'l  \a  j,e  jihra-'  ■'.■'■'v  i  a'  tiie  i  id  tn  prevent  nen-iuH'- -  '-e- 
ce;\'i:';  arrear    over  a"-    [erii"!  of  time  dnriii;^  wliuli  tlie'    were 


-I    tMti  M         ■    I  Tl  '1 

^    .'■]       '  In    ;;  .     I  :-' 

I  I   III-    w  .1  '    lIM'i.  iljh'ri 


■1,1  .  11  !iiii:ir\    l.i.   !S7"      11. li    t  -  .,    I'-.r   I  ti  -eil 

■    1'.     .--  ;i;ii!     Mr      !  m;  ,M-     u  i       n-rlr.-i,',!     ,  m 

•I    M-  nv!:il|-    li.ii!      ]\\\    '.il   .••ii       i    |ii-l    ■.    ^'f- 

•■i:;i''  ■\     in     "u-    I'lrlpn,      'ill'      -^r-t.-itiT     llU'.ll'-. 


\  -  '-  'i.ill\'  f\"n  1,'iii  i  (  -  .,i:"!\  'I  ilir  IImi-i  'p  \  <  •  f 'i^.ttm^  .  .ir- 
;  '  '■  1     till-    Uv'i-i.iliiir    .  ;i|     ,!^..    ]'■     .1    1    •iimiinf.       .|     tin      I   iiiinl     SiaifS 

>-f!.:-'  \].|ilf1    n  -    ..'  '1  III'   t        I.    ..;,,/,-;    !.-r    1H7'1.   .-.ij     ■  ;,1    ,  \      \    ,    1 SXO  i 

-  '  .ifi  iHii/     lii'iiii,-.    I.ii.uaf  ,    \''7'>.    '• 

^' 1 ':t  tills  |ii,nt.  -.r'  ni'i-t  •.  M\\  yi.'ih  '  \a '.  iMBii-si'i'a-r  T' nil;  \  ::■.  \  t'U  'i'rk 
He  ..!     II.-.      1\    IH^I.    :-     10,   ...iuin-    I, 


.\K'r<I,\kS  I.KC.ISI.ATION 


163 


noi  in  fa-t  <Iisahk'(l.     'I'he  iiieasuic  pas^eil  the  Sfiiatt-  as  it  came 
fn.iii  till-  F louse  l>y  yeas,  44;  nay-.  4;  al)sent.  28.' 

I  laving'  lieeii  apprm-ed  l>y  i>ver\vlieliiiiiif^  majorities  in  a  Demin 
cratic  I  louse  of  Representative-  and  a  KeiniMican  Senate,  the 
arrears  Kill  was  sent  to  the  President.  While  the  measure  was 
I'.iiler  e.xeeiitive  consideration,  Secreta:y  of  the  Treasurv  Sher- 
man, Secretary  of  the  Interioi-  Sclnirz  an<l  other  puMic  men  e\- 
pre—ed  serious  nii-!j:i\  inj.;s  a>  to  iis  |)rol;a')k-  elt'ei't-.  Accordiiiif 
to  the  .\'ew  ^'ork  papers,  the  niea-nie  wa-  the  subject  i<\  leni;tlu 
discussion  in  cabinet  ineetinj^'s.  Secretary  Sherman  e-limatitij,'  that 
till-  liill  would  call  for  I*;!  .^().n(M).()ii()  an<l  that,  if  such  an  amount 
-hnild  jjo  out  of  the  'i'reasury.  a  detk-it  would  lie  createil.  Secre- 
tar',  Schurz  wa--  reported  as  otTeriiiir  an  estimate,  based  on  tii,ni!e- 
iurn:-licd  by  (  ouimi—ioner  of  I'ensions  r.entle\,  that  iheanear-i 
would  i;ike  a!i..in  S.^^i '.i  K  x  t<  H  H).-  The  merits  and  demerits  ,,1  ilu- 
bill  were  the  >\iiMict  of  much  di<cu>-ion  in  the  press  of  t!ie  ccniii- 
\v\ .  ^t<\>  (li-paniie-  to  the  Xr:,-  )'<>rh  '/'•//'loi,-  -.-liil  that  the 
IK"i:''>n-  ■  <■  tlii-  nie;(-ure  which  hacl  come  to  Senator-  and  l>'c!i- 
rc-i'iilati''  ■  w.eir  u;oiten  up  in  re-in-nse  to  circulars  -ent  ■nU  bv 
I'l'-  ihiit!  i!!  i  b\-  W;i<hin';ion  claim  assent-.  N'.ithinL;  but  the 
I'r'  -idc!:  ct"  (I'uld  prfvcni  ";i  ;^'r;ind  -camble  bv  ;i  liorcle  of 
ht:ii_T\  iai  a'jrni-  i.'  '.^ci  their  liand-  i]\)<-')  \;i-t  nncarncd  pnr- 
ii,,r-  .it  the  nai:'i::al  irca-uic."  (  Mlur  |i.iper-,  like  the  ll'.isliiiii/- 
Ji'ii  /'.'.v',  ieicnd<-'l  tin-  bill  a-  an  aci  of  in-iice  and  -aid  that  the 
Ci'-!  "I  carrvini:  "ur  m-  pr,  ,\  i^j.in-  had  been  L;rii--1\  e\ai;i;eraled.' 
1 )'  rr'^'arili't';   ;!;c  . 'i 'lo-m- .n.   ! 'rc-ident   I  1,im'-  made  the    Xrrears 


bx    h 


-iirnaiure  .in   b-muar\-  i.^,  ISr*', 


!',,,t    1,  4,S4-4'M 

;i   4.  .   .1    -' .  :il-  ■    N  .■:('  )   'rk   i<\bune, 

I    il!-i\i-~ii.';    .it    l!u-    ;irri-.ir-    lull    in 

I     y,-il;     I  rilnii.,-.     I.iiniary    J.-,    18"'>, 

win-    ii|ip..-i-i|   t.i    liii-   lull,   but   the 


'  I    ■"').  Ai-, .  ' .;'.   l.Mh  I     lit:  '.|  Sr 

-•  V,  .-.■  r,  /,•  ".'.  .■',.'  i.iiii:  I  ::.  isr 

.!.,:. !!,iry  11.    ls:'i,    .,     1        ,;  ;        \r 

I    .       IU-1      ll:ii---l,i,      :-      ■  .  |ii    1  1-,  .1  ■;      l!.i' 

p     i.    t   -I.    J       i  'ill!    -h    rririfi  -n.!    '  ;;■ 

TIt..t.  itily     .  .!     Mf     <  .li   liu  ■      !.i\  .  I  n!     1! 

-.■.■    ,V,:c    ;.".     !>:    !,.,.,■  MM    -'1.    i.s''<.   p.   .-.   >.il.   .-:    aU..    iiiii.    21.    1S79, 

P      i,    oil.    .V 

■  Sc'   lVa>mu,l.';    r  .»..  j.ii  Jl.   -'^  H    -V,  JK.   \X~''>. 

Ijii-    ml    ..f    ['i.-i.li'iit     I  .w-      .1-    '111-    »i:i.;rcl    "t     tniu'li    ■ -indi''-  •■  it- -rv 
,  r:iu'-n!   till  11    .mil    thcrcafti  i       .\    -iH'.'iuii    i-    ir.mi    ;!i.-    S  f'mifieiil    '  m   n 

.[<(•)  I        ■■!;.     Ivii.liim    n.it    '      ri !    i;.:-    pt-u-i  in    r.ii.l    up.  n    the    ■rriaiury, 


m 


UA  FKDKKAL  MILITARY  PENSIONS  IN  THK  LMTKD  STATi: S 

.\>  approved  hy  the  i 'resident,  the  new  law  provided  that  all 
pensions  which  had  Ik-ch  fjrantcd  under  the  jjencral  laws  rej;ii- 
latinf;  jH-Misions,  or  which  should  thereafter  he  j;ramed,  in  con-e- 
(|neiice  of  death  from  a  cau^e  which  originated  in  the  L'nitc»l 
States  service  (lurinj;  the  Civil  War,  or  in  consequence  of  wounds, 
injuries,  or  disease  receiveil  or  contracted  in  the  >anic  service, 
should  commence  from  the  date  of  the  death  or  discharge  of  the 
pers<Mi  on  wliose  account  the  i)ension  had  Iwen,  or  should  there- 
after \k'.  granted,  or  from  the  termination  of  the  right  of  the 
party  having  prior  title  to  the  jK-nsion.  The  fact  of  greatest 
significance  in  the  ahove  provisions  was  that  arrears  were  to  Ije 
I>aid  on  all  innisions  ~>.'liUii  should  thrrrdftrr  be  f/njutril.  with  no 
limitation  whatever  on  the  date  of  i>resenting  the  claim.  Thi' 
would  make  the  i)ros|)eit  of  obtaining  a  large  sum  of  arrears  a 
constant  stiuuilus  to  the  presentation  of  new  claims.  The  amount 
at  stake  would  increase  with  every  ]>a.ssing  year  from  the  time 
of  the  soldier's  discharge.  Several  earlier  pro])osals  for  the  pay- 
ment of  arrears  had  contemplated  the  fixing  of  a  tiiial  date  of 
limitation  for  the  preseiuation  of  claims  which  shouM,  if  allowed, 
entitle  a  pensioner  to  arrears. 

In  its  ])rovision  as  to  the  rate  of  pension,  tite  .\rrears  .\ct  wa.- 
vague  anil  difficult  to  interpret.  It  said  tliat  the  rate  for  tlu  in- 
tervening time  for  which  arrears  were  allowed  was  to  l>e  tlu- 
siune  |K'r  month  as  that  for  which  the  pensitjn  ua-,  orii;iiially 
granted.  Apparently  thi>  refjiiired  that  a  pension  orignialK' 
granted  lUKJcr  the  higher  rates  prevailing  m  IS"')  shonld  rccei\c 


i'ri-i'iirn  il.i>t~  -h-'W-  rM!i  m..rf  til. in  lii>  ii^u.il  w<.ikiu'>~.  iiii'l  makes  po'i'lr 
■iLii   'iiTc  itnp!>    ill, Ml  <M'     l"r  .1   rciiirii  ot    I  ir.iiit   '      iOumIitI   in    \  ,u'    )  Cri- 

/  r.'iiH,-.  J.iiiu.iri  Jf<.  IJS/"''.  I'  s.  >'l  1.1  I  liat  .Mr  H.im  s  Icit  Muli  I'ntuism 
;~  -Irirtii  III  .1  It!',  r  lu  wi..li-  |.  Willi. nil  H(iir>  smnh,  |)i'>  cihIkt  14,  ISXl. 
iri  Ml  will.  Ii  tlu  I  'Ilivuin^;  i-\o  rn(  i^  iii.hIi- .  "Thr  tliiiii;  I  wmiM  t^ilk  of.  if 
I    i\.r    I'ltiTiilol    "I    lUiiuil    "i    I  \ii!.iiiu'(l,    i-    ilii      \iri.iis    .,|     l'cnsii.ii,s    .i>i 

i'l'    .11-    ;',.i-    r(<|iiiriil    li\    iii'i\    tiUtli  lilt    |Hti-i..ns   wiTt-   .hie    Ifini 

;',.■    I'. ill-    '    ]     tll-.lhllllv  ,    ll"    il:~i  ll.ircnl    nil    .iCiilull     '■[     it.    .Ill,l     ilolll     lllf    ll.llf    .if 

-;i  ll    :!i-i'Mr;;i  Hit     f.iiliir'      .l    )4"M'riinu-m    in   iiri'lfi.t   it->if   .ii;aiiisi 

ii.iinl-  ■  T...  ri  ,1-1  11  I  I  i'..iihiiv;  iii-i  ■  lilin.iticui-  Tl't-  aiiMimt  i-  small  iiiii- 
I'.irtil   «;!!:  ii'.'   u.'.r  i  xj"  inliliiri    anil  drlit  I  .■  ■•  .k   at   tin-  ^;.iiiil  ilniu- 

In    I-.''',    iniiv        11    ilii     Vi'illi    .III     liiiiiiliK-    lull f..ri.ililf    h.  iiii^   luiiii    t.y 

■hi  •  Mil  r  111!  1  111-  !-rtarai;i  |i,i\"  I'  K  Willi:,"..  Ai;,  ■/  Kuiii.rf'rJ 
:  !!'    I  i/'ii    /;'".  ■,   ■:.   ■• -s    ■  Nt.s    'i  ■  ik,    !''U  i 


AK'RI-  \!;S  I.KlilSI.ATION 


165 


arrearage  at  smli  rate  t'nr  tlie  iiitervcninj,'  years  since  tlie  soldier' 


(liscliarfje  fruiii  the  army.     IVrliai)>  the  sold 


was  not  actuallv  disaMed  lor 


ier  |>ensioiH'(l  in  187'' 


sii|ii])oitm),r  liinis' 


■If  d 


iirni);  iiuic 


h  ot 


le    Would    receive    more    iK;iisioii 


tile   inter.eniiij;   |K'riod.      \ci    1 

moiuy  than  the  soldier  who  proved  a  |ien>ioiial)le  disahiiitv  in  th. 


years  soon  after  the  war  and   was 


onj;iiially   i»ensi,.ned  at   tin 


comparatively  low  rates  then  prevailing'. 

Not  only  were  arrears  to  k-  pai<l  to  the  i)ensioiier>  actuallv  en- 
titled thereto.  \m.  if  a  |)ensioner  entitled  should  have  died,  the 
act  provifled  that  the  I'oiiiinissioner  of  l'en>ioiis  slion!,!  adopt 
rules  and  refjulations  for  the  pivment  r)f  the  arrears  to  the  |>er- 


son  ( 


>r  i>er«)ns  entitled  to  the  >ame      This  involved  the  distril 


>u- 


tion  ot  lar{!;e  amounts  of  arrears  in  the  families  of  deceaseil 


aseii  jK'n- 


sioners. 


The  .\rreirs  Act  also  reiK-al 


])lacinj,'  a  limitation  on  the  u.se  of  parole  evid 


jK-aled  a  provision  of  the  pension  law 


ence  in  estahlishinj,' 


claims.     Previously,  if  a  claim  had  not  l)cen  prosecuted 


to  a  suc- 


>tul  issui  within  tive  years  from  the  filinj,'  of  the  a|)plical 


i'>ti.  It 


could  not  thereafter  he  estal)li>hed  hy  parole  evidence.     Ii   failed 
unless  it  could  Ik?  established  hy  evidence  drawn  Ironi  the  reior.!-. 


of  the  War  or  X; 


for  the  re 


acter,  and  the  prospect  of  arrears 


ivy  ne]>artment       The  chanjje  oj 


)ene(|  thi 


U'\>al  of  many  Ion;:  >tandin<,'  claims  of  .i  douhtfui  char- 


|K.-rateil  a-  a  iH'uertuI  incen 


tive  to  the  t 


iii'liniT  o 


f  n 


ece^sary  parole  e\  i 


i\v;\-  V  ti  >  r.  unpierc  ^s 


claims. 

There  wa-  also  a  section  in  the  \rrear-  \ct  whuh  forl)ade 
claim  aj^'ent-  to  receive  conipeiisaiion  lor  -ervice-  in  niakini;  im- 
plication for  arrears.  Mr.  (  iimtnmL:s,  sjionsor  for  ilu-  im.iMire 
111  the  ll.iii.t-  ,,f  Rcpre-enlative-.,  lesiitied  (see  fiMijiinic.  pat;;- 
15"' I  that  he  had  fhi-~  amendment  iii-ert-'d  in  the  measure  to  nieot 
thech,-iri;e  tl-at  it  wa>  a  '"lnMiv  lui;."  Su]»ri  lu-iallv.  this  pr..\  i-j.  n 
may  >eeni  to  lia\e  deprived  clanii  a;.;eiit-  of  :ill  pccimiarv  mii-rest 
m  the  pa^sa.L;e  ■•]  the  l.ill.  \oihin-  -.onl.!  !<•  farlher  from  t!u 
trnih.  The  anieiidineii!  -erveu,  in  fact,  a^  a  cunniiit;  l.liiicl.  and 
i;.ive  to  the  'hI!  the  ai)!K-araiu-e  of  Ih'jii^'  wlidK  for  tin-  U-iietit  of 
the  s,,'ili,  r-  and  '.heir  (ieiieiik-.il  relatives.     In  the  arrears  lav   ihe 


r- 


l(^,  IKDKKAI.  MM.ITAKN  I'KNSH  »NS  !N  THK  fNII!-!)  STATHS 

j^Tiat  point  iif  im|M)rtam:c  was  not  tliat  it  j^rantC'l  niiltions  of  ar- 
rears on  claims  already  allivsed.  l>ut  that  it  oiftTCil  arrears  ilaiiiij; 
from  tlie  time  ()f  deatli  or  di^cliar^ie  to  all  future  ai'i)licants  who 
shouM  succeed  in  e>tal>li>liiny;  orit;iual  I'ivil  War  claims,  lieu- 
was  a  premium,  often  one  thousand  dollars  nr  more,  placed  "ii 
the  estal>'ishment  of  new  claim-.,  with  the  amount  of  arrear>  in 
j>n>s|)ect  accini.ulatini,'  year  l>y  year.  I'laini  aitonuys  needed  no 
unusual  keenness  •  f  iniml  to  percei\e  ih.it.  m  all  pi uliahilitv .  liiis 
extraordinarx  -.linudus  would  enalile  them  to  lirin),^  u\)>>n  the 
I'ension  Hureau  a  lio..d  of  oii(.,'inal  claiui^  from  all  jiart-  of  the 
country.  I'pou  ^vch  c'aiius  they  were  at  that  tiuu  lejjally  entit  ed 
to  collect  a  fee  not  j^rcater  than  ten  dollars,  without  takiti).;  into 
consiileralion  such  smiis  a-  the\  mij^ht  ohtain  l>y  their  connnon 
evasions  anil  violation-  of  the  law.'  This  whole  a>iK-ct  of  the 
-Nrrear-    \ct  wasnlterl\  i^Mioied  in  ("on;;rcss.-' 

.\1th"M';h  the  siLMiaturc  of  President  lla>es  had  |)laced  the  Ar- 
rears .\ct  on  the  statute  Ixnik,  there  was  delay  in  carrying,'  it  into 
oiieiatiiiii.      The  i;reval<  nt  toiu-  of  criticism  was  adverse  in  the 


1  \ii  ,,,.,,11111  h.i^  .ilr.  .icl>  Hii  i;;\.ii  ■  i  tlu'  ,iilciiii.!  nl'  r,nit,iiii  I  liinniuk 
;iii(l  In-  ,c--....  i.iH'  |.l.!i\i-l-  t"  raisi-  .1  Usliiii  mimI  Iiiiul  IT  ilu-m-iKi--  hv 
ini,in-   "f   -iilis.  iipli"ii-   .c.llc.li  il    ir.'iii   tlie  I"  iutK-i;iiii  ~  ■■!    tin-   .Xrrcirs    .\i't. 

Till-  pi. in  «.i-  I  .  ,i!l..v\  .1  miinlicr  nt  d.iim  .luciiis  a  Ik  r.i  nta^c  nf  inmmi's- 
■•iMii  ,.ti  .ill  -i,,  li  Miji-i  ripl.nns  ilir>  i.litamol  from  iIum-  ,1h-ii!s  Tins  p.ir- 
luiil.ir    .-fluMic    was  f,xp"~<il    ln-lnr,     it    pr.^ilurii!   ^t^aX    ii-iilis 

■|"lii    .Xrrr.irs    \i'l  K.ivt-  .i    ri-Miarkal.li    i''ip>lii^   Ui  tlii-   Ii'ihk    i.t    iu-a- _i_laims. 

Ilir  ti.t.il  luiMil.iT  iif  onuin.il  (nil  War  ilaims  prcMiitrd  in  1877  vv.is 
^J.\ifi  ill  1S7H.  J.=.'«i4;  111  187"'.  47.41«i;  m  1K."«'.  l.W.I''.r  (Mi  tin-.  lU'w 
.i.iiiii  ,  ilii  pi-n-ii'ii  atliiriu.w  wviv  Ifn.illy  cmillKj  u>  li'llut  ivr-  In  I^W) 
It  wa-  (■•liiiiaiiil  li>  a  Oiinpi  trnt  witness  that  nl«iiit  si\--fM-nllis  ..|  the 
luiMiKss  1„  i'.,r.  tin  I'lnsioii  liuri  .in  «,i-  in  llu-  li.iml-  "f  !< --  ■''•ii'  .i  '  i"  ''  ' '1 
.iltiiOii.-  Wliat  s>-n-n)atu  anil  a(.'Mri-suc  mrtlimls  diiilil  iln  in  ilif  way 
..f    liiiililmn    lip    a    i.irKi'    ai.l    prniil.tliU-    piiisimi    ilaini    luisini-s.    iimlir    ilir 

v-rtars  \il  ari'l  llu-  mnfral  p.n~iiin  law,  is  sli,,ivti  l,y  ,i  ■taliiiliMil  inaile 
l.v  tiiinmisv|,.nir  'if  IViisk  li^  I'.intl.  >  !'•  a  Ciimnnltfi-  ■!  llu-  lliiiis.-  nf 
K.pr.  -.  n'ltn.-^  .in  .liinr  1..'.  l.HWI  H.-  -ai.l  -|f  Mr~~.-  1- il -xfraii!  an.) 
l.rm.iK  li.m  iiiadr  >i  rri-.l  -l.iliiiunts  ,,,  i  -lim.itrs  a-  -  -In  iiiimlicT  !  i  -nm^ 
»h:il;  tl;.%  r.-pr.-.  nt  jl.iiiiin.  al..iii!  .fH.KKI;  lii/it.  ii.l.  at^  ul  J.-,<«»'i..  "1' 
,it|iiiiiri-  wlii.  ripn-siiu  ,.n.-  li.iif  ■'  .nl  prnitinn  i  i^"-  'i  n-  l-U  I  lli<- 
|',.„.i.  n    1  itVi.  I-    1:111    lit-    (liimtcil    i.:-,.   n    tlf    tinnn-     I    i  1     mi.     iw         i.i'i  1' 

111. It    i~   1  •   sa , ,   till   ail"riu>-   ■<!    '  mis   m.iv   lie   ii.iiriiil    »i  h  •   tiiin-s.ni    .im..iii! 
them  (.irsi.lrr.ilil-.    111. iie  lli.iii   ■  Uf  ■  utiilriil   thi'ir.r       .  Lmii-        hi    .     i< 
laiiiiii-   ■■!    i'.iiii'     '".i1m    a   v;"  "    am;    mtv    pnitilaM:     liii-m--    '••  tiii    y    t-iiili 

T,.,,l  ,l>iiiil  li  i  |i'.-.M  -\-Un!"  //  •!li.-  />■.,'  rt.<.  4( .' '  I  Uii  .  .'A  -si--, 
K-,|,,  ,:■      'X  '><;.     IS'I      illii      "  > 

.  ■]■    ,    ,,     •     ,t  .1,     !•;,   ,1.     \    1   is   •'   im.l  HI   i' ■     -.  .s- .'■i..',-.;    .-,•   /  ari/,  .  \x,  Ji.5. 


\KI<I    \K-^   I  IM.HI.M  li 


nf   iH.tli   j,.iriii's.      It    \\;i 


s   cvi-ll    Mlf4;^i'sU'(|    thai    llR-    wli.    c 


all. 


\\Ci|  In  lail 


f. 


vtii  tlu  .Wili'ihil  inb 


ant  I  I  an  approiiriaii"  ii  li\ 


l:iu 


\h 


Iifii'iiiii  a,"ctn-y,  -^aid  in  its  l''fltniar\    i--iu- 
xtry  iiiikIi  aN  if  ri>!i>'rf»  inifn«kMl  t>>  I'aik 


,'aii  <i|  llu'  I.iiii'  II 

'it     U■^,'ill^    tl>    l>;()k 

Ml  and  l'a:l  t<>  a'^ 


|>r'liri:.u-at  ail.  Tluy  sri'.-i  liiijlilt-iK-i!  l>y  liu-  iiiai;iiitii(li'  i>\  il'oir 
"VMi  i)rcsi.>ii>  ariioii,  and  alarnncl  hy  tlic  ^l■Mlll^  m'  ilu'  tiii-a>i!;>.' 
-i>  iinaniMKiiisiv 


.iM-^ar\    l'iind>.  tli>. 


pas-ed."  iii-^idr-  tlic  pn  liUin  '■!  ]irii\  iiii!;i;  hi- 
nii^ily  drawn  ait  ii])vm'd  n]>  ditVunli  i|iu-- 
tioHN  ..t  inUTpretation.  '11k-  lVn>i(in  I'.nrcati  liild  wy  ail  i.i  c- 
at'tViicd  l)y  llu-  art,  [ii-ndin;,'  Inrtlicr  aciinn  li\  ;  i  i  •jrtss.' 

<  tn  IVIuiarv    I.  1S7".  tlu- (  >ininii-NinniT  ni  1  Vnsiniis  djma.id 


that  S.U.I »K '.I  Ml' 


d  I 


K'  ri'iMi 


rt'il  ii 


J!ay  llic  arri-ai  ■ 


ihii'li  had  I'ci'ii  allnwol  i.rii  r  In   latinar\   _'5.   isr'i;  SJ,?' hi,(  ■ ') 


fur  a' rear>  n|;iin  ( laiin-  all' 

M).     IS/"'); 


d'< 


ar\ 


and  to 

S5.IHH  I.I  Hill 


.'  Kvf. 


and  iniK-  .vi,  i.N/'»;  and  •>.■>.(  h  k  i.i  h  m  t,,  pav  ariiaiv  m] -n 
ilaiins  which  wmild  he  allnwi'd  in  tlu-  ti-cal  yiar  tndnii,'  hi!K-  ^<  , 
IHSO.  In  niakinj,'  his  riporl  and  i--liinatf,  (  ■■inini->ii'iuT  r-'iiliy 
calk-d  ll'f  altiiTti'M)  of  (  MiiL.'rrss  to  xnni-  nf  the  ni.inifc'>t  di  ft. •i^ 
iti  the  law  and  rec  ninii'ndcd  ihanijfs  and  f\i^!anat(>r\-  prn\  i^i,  i,,. 
If  his  roi-'iniiiiiidalii  n>  slmnld  l>f  adci|ftc(|.  lu  th<>n),dit  the  aiitais 
on  claims  a'lowt-d  ])riiii-  tn  January  1^,  1S7",  cunid  In-  rc'lucitl 
fn  S_'5,iHHI,tf  H».  and  that  llu-  anmunl  nf  arn-ars  tn  U-  ]iai<l  nn 
t-lanns  allnwcd  after  that  date  wnnM  U-  in;ileri.-dh  les-eiu'd. 

riu'  l'nniniis>inner  alsn  called  the  aiteininii  nf  ( 'nni,'ress  m 
the  extraordinary  facilities  for  the  successful  ]>rosecutinn  ..f 
frandu'ent  ami  iinnu'iitoriniis  claims  alTnrded  hv  tlu-  exisiini; 
i.r  ,''(ir/.-  s\stem  <t\  evidence.     He  said  : 


'  Sfi-  tin-  .V.-t.'  )'.TA'  I'y.'uH,-.  I  ilTii^iry  ^.  IS7'i.  p.  1.  ,..|.  J.  .iiid  .il^..  \Y.e 
Xiili.'vai  Tnluii,-  i  \\  asliinnicii  i  lili,  \>*7'>.  jip,  1-'  .in. I  I.i.  Tin-  .V,».-:.  •i.i/ 
/'(/■Hir,-  siiid  thai  ii^i  fuTiiN  wrrr  asiilahli-  In  (mv  tlu-  arrears  anil  im-!in..iiril 
.1  prniKisitiiin  1.'  i^^m  NiHil^  ti  r.iisr  the  in.'in->.  li  via\o  ils  Mi|i|ii.rt  tn  a 
|ilan  lo  issiu-  J.sii,i«lliK«i  ,.t  liLiil  tinilir  n  ii -.  "wlu.li  will  ii..r  ic-t  tin- 
( it.M'riinn  nt  ,iii>iIi;ii,li."  Ii  ^.ull  tliat  ilii>  u.i-  "uniliniliu-clly  tin-  riKlit  lliifiK 
I'  il'i."  l>iit  llial  tin-  iii..TU-»  |M.Hir  nf  (111-  tn-at  i-;tif>.  w.Mild  I«-  ajjains!  ii. 
\l  tills  linu-  tlu-  (iri'i-iiliai  k  ii.irty  li.iil  a  l.iri:r  inllnw  iii>!  in  llu-  i-Mimirv, 
li.ixiiu.'  iiolii'il  tn.ire  lli.iii  l.(i<»l.i«i<l  xntis  at  tlir  c  nKri-ssmnal  I'lcttH'ns  in 
1878 


•^ll 


•it:**     V;t^i^«itS 


:  ,3sLt^  ^Jm£r' 


F 


U^  I-KDKKAI   Mll.n  AkS   I'h  \>|i  t\S  l\  I  HI   1  MTI  I)  ST  \TKS 

A",  till'  law  stiMwl  privimiN  tu  ilic  [)a^>;i;;e  i»f  the  arrl•ar^  nit 
llu-  litiiptatiuii  to  I  rami  wa-.  very  j^Ti-at.  Imt  -imcc  tliat  act  it 
is  many  fnu-y  iiurea-i'i.  Then  the  ilaiiiis  ueie  omipaia- 
tively  t'fw  in  wliicli  any  <  iniNMleralfle  smii  •><  inonev  winiM  Ik- 
the  itnnu(Hati'  reward  oi  a  -massfully  proseinted  ilaiin.  Irtit 
sinrc  rhat  art  i-verv  invalid  vlaiin  allow eil,  as  well  as  nianv 
i>l  tin-  I  ther  ilas-ses.  will  iiave  in  it  friMii  several  hnmlred  t<> 
several  ilidnsanil  doilars  «hie  the  ilaiinant  at  the  (irst  pav- 
inetit. 

It  is  isiiniattd  l>v  thi>se  l)est  intnnned  that  there  liave 
lieen  n.-t  less  than  $_'.(HH),(XX»  |,,,!d  out  annnallv  tor  fraudu- 
lent pen-ions.  In  my  jud),'ii'ent.  the  estimate  is  l>elo\v.  rather 
than  alHive.  the  artnal  amount. 

With  the  temptation  to  the  foinmis-ion  of  fraud  so  i^reatK 
inireased,  and  the  road  to  the  Treasury  easv  tlironjjh  r 
pdrti'  proieedin^s,  the  ii)iis«.'(|uen.  t-s  can  easily  Ik;  foretold. 
\<>t  only  will  the  ]K'o|>le  l>e  taxed  to  jwy  an  annual  trilnite 
to  the  UTiwortlu  aiuouiitin;,'  to  several  mill'ons  of  dollars; 
liut  witl,  so  many  ilaims  |K'iidinK.  ami  still  to  U-  presentetl. 
and  till  ivetiues  to  the  f«o  or  three  hundred  |xT-.>ns.  more 
or  less,  who  are  i-Iiai<,'ed  with  their  adjustment.  |)en  for  the 
ap|>ri  ,1.  Ii  of  interested  jiarties.  it  will  lie  little  less  than  a 
miracle  it  extensive  otTu  iai  corruption  does  not  follow. 

Mr.  I^tiitlev  urfjed  that  t  ouKres-  should  provide  for  the  adop- 
tion of  the  new  plan  for  hearing;  and  seitliu);  jH-nsion  claims  which 
he  had  recomiiiended  in  his  three  preceding  annual  rejx'rts  This 
plan  pro|H>sed  to  hrin^  claimants  and  their  witnesses  fa«  c  to  f.ice 
with  otTicers  ot  the  tjovernment.  l>y  dividitifr  tiie  countr\  int^  dis- 
tricts, and  a-sii;niiijr  one  learned  surijeon  and  one  coni]>etent  leijal 
cirrk  to  "ac  h  district,  who  shouM  fr,,  f,-,,tn  pl;icc  to  place  in  the 
di^iiul  and  (olleit  the  testi'iiouy  otTered  in  supjjort  of  the  claims.' 

In  a  Inter  to  the  \\'a\s  and  Means  (■niiimittee  of  the  Hoii^e. 
dated  l"tl!  iiar\  IJ.  IS7'>.  .Sorretary  ><\  ilu-  Trtasurv  lohii  Shcr- 
iiKiii  .ircc'ici  I  lit-  statement  of  the  I  ommisvioner  of  IViisinns  that 


•^l"IUT     lUllt!r\"- 

ll.clMI-     1.1    ,l,|^ll!      IIM.    !l     lllMI     ill 

I  l.llin     .IL^i  !'■-  W  '      -1     Ills     pi. Ill 

i:i|il!'r      ;       i.|i|.'--i'i    II         \  .  :r 

\Ki.        -r.  111,'.        .,|  \      ,.:     ,,:.,;         /, 


p.-. 


M., 


IS,  ,s 


l.^tli  i.UK.  .'■!  S.V..  (1.s7K;';i.  I),h-,  N'...  r.v  C.inmu- 
iriic~i  i-lf..rls  t"  rcloriii  ilii-  -\sti-m  .if  -citlinw  j.iiiii.in 
ii;r  .itl.iiks  .if  llif  nr.)iii>  -f  W.i'luinjl.ui 
i.  1-  I.. re  the  Srilatr.  liny  \w,irn»i|  the 
\  /  .i''i(.r,-.  Iili.  IX  ami  M.ir,li  1.  1K7''. 
.•    (  W  .is!iiiini,,ii  I    for    IH7S   am!    \H7'i.   v- 


\l'Rl  \lv'<  I. I.I. 1^1.  \\:i)\ 


\u') 


the    \^^l';lr^  Art 


SII 


^^  It  tiion  stn.Hi  w.,ii!J  ri'iMiin-  tlio  |.,i\iinii*  .if 
■|XI.()'H)  uii  olaiiiu  ;ill.mf<l  ii|)  to  juiR-  .Vi,    iXKd.      II,-  csii- 


niatcfl   that,   il    lhi>  e\|)eiiilituri'   uru-  mailf.   there   uoiil 
'I'rea-iiry  <U'tirit   t'.T  the  tW'al  vca;-   lWi>  of 


Hi-   reiniiuiieiilati  'II    wa-.   that 
tl 


aiitli'irit\ 


•  a 
over  $_'".' HHi.iiOt. 
iiven   to  rai-f  the 


iinoiiiit  nei-essiry  l»y  ilie  si  ••  ol  lour  [-er  lent  Ixuvi-  ' 

I-itiT  ill  the  -ame  -e-Mmi  o|  (  oiv^Te--  at  whicii  the    \near-.  Act 
ua-  iia»»'il.  a  hill  iiiaUiit;,^  ai>iiro|iriatioii-   fi.r  arnar-  i)a--e(l  tlu- 


I  loii>f  alter  hrief  ooi 


Senate,  the  iiill  and  pr. 
<  "onitni<»ioner  l!eiitlf\ '. 
ileil  <li 


!-iileraiioii  aiiij 


to    11 


le  'senate 


In  th 


iw.-eil  ainenilnients.   itu  hiiliiij;  -onie  of 


,H,r,r,.,tlo|l,,     we 


re  tl 


le  oica-ioii  ot   i-x- 


tenileil  <li<eii>-ioit  Seve-al  very  iniportaiit  ameiiilinenis  weie 
U'lopted  hy  tile  Senate  aini  aaepted  hy  the  lloii>e.  11  lurviT 
Mr.  !'.eiitle> '>  plan  to  ihaiit'e  the  i:  Mi  m|  of  exaininini,'  and  -it- 
t'inij  |HMi-iioii  elaim-i  ua-.  vo.ed  down. 

It  i-  intere-tinij  to  find  that,  in  the  inont!i  or  more  that  had 
elapsed  -^inee  the  Arrears  Ait  Uvanie  !;i\\.  the  Senate  had 
a.\akene<l  to  some  roiueption  of  tlie  };reat  pros])ertivi-  cw-t  of  tlio 
nieasnre.  It  was  freel>  alle^'ed  that  .Senator  !ni,'al!-.  and  the  other 
ad\ocates  of  the  arrear>  Itill  had  jjiven  the  inipre->ion  ili.it  the 
amount  to  l)e  taken  out  of  the  treasury  onild  not  e\eee<! 
SJi ».«)()( ).()()()  at  the  oiit-ide.     Senator  Thiirnian  of  ( )liio  ^a-d  ; 


ri< 


When  that  arrear-  of  iHMision  Nill  was  under  i-oii-idera- 
tioii,  if  my  ear-  did  not  deceive  nie.  the  chainiian  of  the  com- 
mittee read  a  communication  from  the  (  ommissinner  of 
l*en>ioi>.  al>'>nt  a  year  oM  1  think  it  \va-.  m  an-\vei-  to  a 
ipie-tion  [lilt  l>>  -ome  Senator  here  how  nnicli  that  wmld 
fake  oiii  of  the  Trea-ur)  :  and  that  statement,  if  I  lieani  it 
ari^,dit.  wa>  that  it  v.oni.l  lak  •  alxMit  SlS,it<t(),0(X>.  It  cer- 
tainly wa-  -o  mi'ler-too.l  ali  arouml  me.  and  the  Senator 
from  Kaii-a- ,-r  .."ii.'.'ij.  I  think,  ^aiii  it  tniirht  U- S_''>.i  HV  i.i  h  h  >; 
he  was  di-|)o-ed  to  juit  it  at  tweiMy  million-.     The  very  next 


I   t,j 


1  //.•l.,( 

■   /   .-     /■   ,       4 

-•  (',■11,1 

A',',   ■',/.  -ImI 

JiM.'  .1151 

'  (  '--M.) 

A'.'    -,(.  -!=■ 

.'.I 


.  ,   ! '  , 

■    N  .    s>; 

IV,'! 

J.  iw;  14j« 

/.   I'.,' 

,;    I'Ki',  I'Wi 

1  »>i4,  .11,;'- 

'■i4't. 


m    f  i 
»-  *  'til 


MICItOCOPY   RESCHUTION   TEST   CHART 

(ANSI  and  ISO  TEST  CHART  No    2l 


1.0 


I.I 


Ui  1^     12.2 


11.25   II   1.4 


2.0 


1.8 


1.6 


A     /1PPLIED  INA/1GE     Inc 


1 7 • 6)   288  -   5489  ' 


170  FEDERAL  MILITAK^■  rENSIOXS  I\  THE  UMTEU  STATES 

thin^^  after  the  i)assaj,'c  (i  the  hill  tl.  .t  I  heard  was  that  the 
^c.ninii>sii  ner  of  Pensi.ns  nquired  i'  K(X)0.(KH)  for  the  pres- 
ent ri^^cal  year,  aiu!  thirty-odd  million  dollars  for  the  next 
ti>eal  year,  and  there  is  no  tellinj^-  where  it  is  to  end:  and  we 
are  told  in  some  (luarters  that  it  will  take  fiftv.  some  say 
■^'.xty.  and  -ome  say  one  hundred  millions  out  of  the  Treas- 
ury. 1  mu-t  say  that,  if  that  is  so,  there  was  a  ,<,^rievo\is  error 
scimewhere,  a  i,Tievoiis  mistake  somewhere  wlien  tlie  arrears 
>f  ix.-n-j';i-  I'i;i  was  C'.n.-idered. 

Senator.  Coi:i<lini;  and  !r.-ar.>  in<,'a,i:ed  in  a  sharp  discussion 
as  to  wh-it  ihe  'alter  had  .s'lid  t-  the  Senate  at  the  time  of  the 
passas;e  of  t'.ie  .\rrears  .vet.  Conklin-  liad  the  l>etter  of  the  argu- 
ment, for.  if  In:;a!l.  had  po.-.-essed  any  knowledge  of  the  prospec- 
tive co~t  of  the  measure,  he  had  singularly  failed  to  enlighten 
the  Senate.  In  view  of  .'.hat  actually  happened,  one  of  .Mr. 
Ingalls's  replies  to  Conkling  deserves  quoting:' 

Mr.  Lonkiing.  Will  the  Senator  allow  me  once  more  to 
ask,  Ijecanse  1  am  .stupid.  1  confess  1  do  not  yet  understand 
him,  (lid  the  Senator  mean  that  $U*,(AK.).()Oo'  would  be  the 
cost  of  the  arrear.-  of  pension  bill,  (.r  did  he  mean  that  it 
would  c.-t  up  to  that  date,  to  wit:  January,  1879, 
$l".('(Hi.()(.K)  and  leave  an  indefinite  cost  afterward? 

Mr.  Ingalls.  That  was  what  I  said,  and  of  course  it  was 
v.  hat  I  meant,  because  the  arrears  of  pension  bill  provided 
for  the  removal  oi  the  liniitatii>n.  and  what  would  l)e  re- 
quired of  [for]  th.ise  who  thereafter  made  application  could 
no  more  be  calculatcl  or  estimated  than  one  could  calculate 
the  nunil)er  of  birds  that  will  fly  through  the  air  next  year. 

If  Mr.  Ingalls  had  made  a  statemei  imilar  to  this  when  the 
bill  was  on  its  passage,  he  would  not  be  open  to  the  suspicion  that 
he  was  not  straightforward  with  the  Senate. 

During  the  debate  the  Senate  had  iinder  discussion  the  problem 
of  providing  funds  to  i>ay  the  arrears  immediately  needed.'  On 
Februan-  28.  187''.  Mr.  Morrill  of  X'erniMnt.  for  the  Committee 


'  Cony.  Record.  45th  Cong.,  3(1  Stf;=..  Part  3.  2050. 
'IHd..  Tii-t  X  .^46-2(M7. 


AKRIIAK'S  I.E(;iSL\TION 


171 


on  I-"iiiance.  offered  an  anicndnient  lo  aiithnrize  the  '^alc  of  not 
exceediiij;;  $1S.(HH),U(H'  of  four  per  cent  ])onds  to  pay  arrears. 
I  liis  prop<jsal  met  olijections  on  the  part  of  Senatcjr  X'oorhees  uf 
Indiana,  who  advocated  as  a  siil)stitute  an  amendment  to  reissue 
$18,()^-K).<KIU  (jf  lei;al  tender  nmes  for  llic  same  purpose.  !'>y  this 
time  Secretary  Sherman  had  somewliat  reduced  liis  estimate  as 
to  the  size  of  the  piospective  deficit.  However,  the  Senate  vted 
aj^ainst  either  the  sale  of  iKjnds  or  the  reissue  of  lej^^al  tender 
notes. 

While  the  arrears  appropriation  hill  was  Ikmu^  considered, 
there  was  a  stril  hi!.;;  illustration  of  the  manner  in  which  expen- 
sive i>ension  measures  slip  through  Con<;;ress.  The  fact  that 
Senators  were  deploring  their  ill  considered  action  on  the  original 
arrears  bill  did  not  prevent  them  from  adding  to  the  appropria- 
tion hill  an  innocent  little  "rider"'  providing:  "That  the  law- 
granting  iK'nsions  to  the  soldiers  and  their  widows  of  the  War 
of  1812,  ai)proved  March  9.  1878,  is  hereby  made  api)licable  in 
all  its  provisions  to  the  soldiers  and  sailors  who  served  in  the 
War  with  Mexico  of  1846."  Tliere  was  no  discussion  of  the  sig- 
nificance of  this  amendment,  and  it  was  in  the  arrears  apjiropria- 
tion  bill  when  the  measure  passed.  .\  motion  to  reconsider  was 
entered  by  Senator  W'indom.  Some  days  later,  when  he  ixiinted 
out  that  "the  little  proposition  so  good-naturedly  introduced  by 
the  Senator  from  Mi-souri  [Mr.  Shields]  and  so  good-naturedly 
sui)ported  by  a  majority  of  the  Senate  the  other  evening  would 
take  from  tb.irty  to  forty  millions  out  of  the  Treasury,"  the  vote 
by  which  the  bill  passed  was  reconsidered.  The  amendment  was 
struck  (»ut  after  a  debate  in  which  the  old  question  of  loyalty  and 
disloyalty  dining  the  Civil  War  came  up.  and  cnnsiderable  par- 
tisan and  sectional  acrimony  was  shown.  The  princiiKil  argu- 
ment made  against  the  provisifm  for  the  Mexican  War  survivors 
was  that  it  was  so  drawn  as  to  permit  a  pension  to  l>e  paid  to 
Jefferson  Davis.  Several  Northern  Senators  were  unsparing  in 
their  denunciation  of  Mr.  Davis,  while  Southern  Senators  came 
warmlv  to  his  defense.  Perha[)s  some  of  the  Senators  who  had 
voted  for  the  expensive  Mexican  War  "rider"  were  glad  to  find 


l>, 


If 

11! ' 

"I 
* 


:,l  j 


\h    i 


172  FEDERAL  MILITARY  PEXSIOXS  I\  THE  UMTF.D  STATi- S 

an  excuse  for  ohansifiR  ihdr  votes  tliat  was  both  convenient  anW 
politically  piofitable. 

After  the  Senate  ha,l  apain  passed  the  i>ill,  it  was  sent  to  the 
House  whose  concurrence  was  obtained  in  Senate  amendments 
ot  crreat  m.portancc.     As  finally  approved  |,y  the  President  .,n 
March  3,  1879.'  the  law  carried  an  appropriation  of  $25.0O).m:) 
for  the  arrears  due  on  claims  in  which  the  pensions  were  allowed 
prior  to  January  25,  1879.    An  extra  appropriation  of  $1,89()<»0 
was  made  for  amiy  and  navv  pensions  for  the  fiscal  vear  ending 
June  30.  1879.    While  tins  uas  not  specificallv  devoted  to  arrears 
payments,  it  was  doubtless  i.uended  to  ix>  used  in  paving  arrears 
on  clanns  allowed  between  Januarv-  25  and  June  30.'  Xo  appro- 
priation was  provided  to  pay  arrears  on  claims  to  l)e  allowed 
durmg  the  fiscal  year  1880.= 

The  appropriation  bill,  as  amended  bv  the  Senate,  greatlv  lim- 
ited the  of)eration  of  the  f.riginal  .\rrears  .\ct.  It  provided  that 
the  rate,  at  which  the  arrears  of  invalid-pensions  should  l)e  al- 
lowefl  and  computed,  should  he  graded  according  to  the  degree 
of  the  pensioner's  disability  from  time  to  time  and  the  provisions 
of  pension  law  in  force  over  the  peri.-xl  for  which  arrears  were 
granted.  In  no  case  were  arrears  to  I^  allowed  and  paid  from 
.-.  time  prior  to  the  date  of  actual  disabilitv.  Pensions  were  to 
commence  from  the  date  of  discharge  "if  the  disabilitv  occurred 
prior  to  discharge,  and  if  such  disability  occurred  after  the  dis- 

'  r.  .v.  Statutes  at  Large,  x.v,  469. 
>,.'"'^"^''J''>    plans   to   provide   tlio   mo,-,cy   for   tlic   pavment   .>f   arreir-,   hid 

ec  Tv  tl  e  \<  1-T'r  -^'"''^U  ^"^""i^*"  "'as  intervieuod  on  the  s.h- 
ject   In    the  .\,-w    )nrk    rrxbunc.     lie   said   aninnjr  other  thine- •     "Thi^   h'll 

Rr:;t'';lt,Xf 'tI,'  ""  ■'--'""-.'.'"'  ''>•  ">e  c'a.n,  a^ents.'and  Ju  wrd! 
great  mequahty.     Tho>c  whose  disahihty  was  not  developed   for  vcars  af'e- 

ickn"s"s  "  ""'t^  ""r^  '^  '^T"  ,"*";  ^"•^"^''  'l^ily  f-'"  wounds  anVl 
sickniss  .  .  The  truth  is  that  both  Congress  and  l!..-  country  hiv- 
found  out  that  our  pubhc  debt  will  he  temporarily  incre,-  .  d  l,y  ,  le  la  ^  e 
paymens  required  under  the  recent  Pension  Act.  and  the  latter  wat  is  ?, 
acknowledge  , he  fact  and  borrow  the  money  on  the  best  terms  pol  bie  ' 
A.tf  1  or.  Inhune.  March  10,  1X79.  p.  1,  col.  4.  As  a  matter  of  fact  i  id 
no,   prov,.   necessary  to   sell   l,o,„ls.     The   country   was  on   the  eve  many 

years   o.    ^r.at   treasury    surpluses.     Contrary   to    .Secretary    .Sherm.an's    -s"^ 

r.-',ri8^ir'""~    "'""'^"f    '"'7--':^-''    "^■"•'>-   fifty   million    dollar,    m    the   hscal 
vear    18S0  as   compared    wi'h    the   fiscal   year    1879. 


ARREARS  LEGISLATION 


173 


charge  then  from  the  date  of  actual  disability."  These  modifica- 
tions did  away  with  some  of  the  worst  inet|ualities  and  abuses 
jxjssible  under  the  tenns  of  the  original  Arrears  Act. 

An  even  more  important  change  was  the  adoption  of  a  limita- 
tion upon  the  time  of  filing  clamis  under  the  Arrears  Act.  Con- 
gress now  providetl  that  arrears  of  pension  should  I>e  ixiid 
only  when  the  application  for  the  i)ension  had  been  filed,  or 
should  thereafter  be  filed,  with  the  Commissioner  of  Pensions 
prior  to  July  1.  1880.  Otherwise  the  pension  was  to  commence 
from  the  date  of  filing  the  application.  This  limitation  did  not 
ajjply  to  claims  by,  or  in  lx.'half  of,  insane  persons  ajid  children 
under  sixteen  years  of  age. 

The  establishment  of  such  a  limitation  was  no.  in  harmony 
with  one  of  the  leading  arguments  that  had  Ijeen  advanced  by 
advocates  of  the  Arrears  Act.  They  had  urged  that  the  inter- 
position of  any  statute  of  limitation  against  the  full  satisfaction 
i>f  the  claims  of  the  e.x-^okliers  was  a  despicable  defense  on  the 
I)art  of  the  national  government.  They  sought  to  place  the  gov- 
(.rnment  in  the  position  of  a  debtor  avoiding  a  just  settlement 
with  creditors  holding  claims  of  a  most  sacred  nature,  \ever- 
theless.  it  was  the  introduction  of  the  limitation  that  saved  the 
Arrears  Act  from  Ijeing  utterly  unendurable.  ILxpensive  and 
harmful  as  the  amended  measure  was,  there  was  a  prosi)ect  of 
-ome  end  to  the  drains  ui)on  the  treasury.  With  the  act  left  in 
its  original  form,  the  premium  upon  the  successful  prosecution 
of  a  pension  claim  would  have  grown  greater  with  the  Iai)se  of 
tacit  year.  Xow  fifty  years  after  the  Civil  War.  a  very  few- 
original  invalid  claims  are  still  being  allowed  for  services  in  that 
conflict.  If  all  the  claims  of  this  nature  i)resente(l  since  Jiilv  i. 
iSSo.  had  carried  arrears  as  originally  provided  bv  the  act  of 
Januarv-  25,  1879.  who  could  measure  the  inducement  to  fraud 
or  count  the  cost?  It  was  well  that  Congress  provided  some 
bar  against  the  enormous  demands  that  were  impendini:  on  the 
treasury. 

Besides  the  work  of  settling  the  arrears  on  claims  already 
allowed  or  in  ])rocess  of  adjudication,  the  Arrears  .Act  brought 


i 

ill 


'  ''.■'■'!  i 


k3 


n\ 


ii 


174  rKDHRAI.  MM.ITARV  PKXSIOXS  IX  THR  UNITKD  STATICS 

a  tictiKiidoiis  iircssure  of  new  applications  iiiK)ti  ilie  I'ciisiuu 
Oftke.  Ill  liis  annual  report  for  1K7'»,  the  roniiiiis>ioiier  of 
Pensions  said : 

Since  the  act  of  January  25.  18"<>,  coniuionly  known  as 
the  Arrears  Act,  the  new  claims  of  invalids,  widnws,  minor 
children  and  dei)endent  relatives  have  come  in  at  an  unpre- 
cedented rate,  the  invalids  at  a  rate  more  than  double  that 
ever  Ix-fore  known  in  the  history  of  the  office,  e\ce|>t  in  the 
year  1S66,  and  within  a  few  hundred  of  double  the  rate  of 
that  year,  which  it  will  Ik-  noted,  was  the  year  f()ll()win<,' 
the  disbandment  of  the  armies,  when  all  the  sick  and  dis- 
abled soldiers  iK'came  at  once  entitled  to  apply  for  pension, 
while  the  rate  of  tiie  rccei])!  of  widows',  children's,  an<l 
dependent  relatives'  claims  is  <,'reatcr  than  that  of  any  vear 
since  \i<(>7.  and  more  than  twice  the  rate  of  anv  vear  since 
1871.'  ■    ■ 


This  was  the  claim  risents'  harvest  time.  Tl^rou^di  their 
newspaii'T  ;  uMicatioiis  and  otherwise,  they  made  every  eiifort  to 
secure  new  applications.  The  business  was  conducted  with 
feverish  activity  durin.i,'  the  (in-al  year  1880  in  order  that  appli- 
cations inij,dit  Ik-  lilcd  before  the  limitation  went  into  etifect  on 
July  1.  In  May,  187'>,  the  .Wilion..!!  Trilmnc  informed  its  read- 
ers that  the  ("oinmissiouer  of  IVnsinns  had  after  lonj^  delay 
commenced  to  pay  the  arrears.-^  In  later  numbers  it  published 
co!'.iiiins  of  letters  from  pensioners  who  had  received  attractive 
aii:o;iir.s  of  arrears  throu<ih  the  T.enion  ])ension  a;,-encv.  Warii- 
mt;  V  ere  also  published  that  claims  niu-i  he  filed  before  the  date 
of  the  limitation.  Other  |)ension  attorneys  and  publications  were 
donl  tless  no  less  active.  The  result  of  this  wide  advertising  of 
the  provi>inns  of  the  .\rrears  .\ct  and  solicitation  of  claims  was 
that  durin-  the  fiscal  year  188i)  the  total  number  of  original 
claims  tiled  for  invalids,  widows  and  deiKMident  relatives  on  ac- 
conni  nf  service  in  the  Civil  War  was   138,193.     This  was  a 

t.-n!!rX^l'  "''■  "^"'  ^""^'  ^'^  ^'''■'  ^^'f""  "f  ""'  ■^'■'•^'•'"^v  cf  the  U- 
■.uuUm.""'    ''''"""    ^^^'^--'''"St-n),    -May.    1879,   and   other   i,sues   of    1879 


AKRF.AKS  I.K(,ISLATI()N 


/o 


larfifer  minil)cr  than  iiad  U'cn  filed  in  the  whole  "i  tiic  five  VL-ar 
periml  frcim  1873  to  l.S7'»  incki-ivc  althnuj^h  tlie  .\rrca--  Art 
liad  l>een  in  force  (kiriii.i,^  the  la-t  live  nimitli-  nf  tlie  ti-cal  vcar 
1^"''.  In  the  sin},de  month  cf  June  ISSit.  ju^t  !,et.»re  the  liniiia- 
tinn  iijuin  tlie  allowance  of  arrear>  went  into  effect,  thero  \.er^' 
44, .-".Sj  nri,i,nnal  Civil  War  claims  tiled — more  than  twice  a-  m;i;iv 
as  had  been  filed  in  the  whole  ti-ral  year  1877.  ,  IX.^'  the 
total  di-l:nrsements  for  i>en-ion>  were  ;>,^7._'+ >,i »  • »  a,^  conijj.ared 
with  S26,S44,(K)()  in  lf<78.  tlie  year  before  the  .\rrear-  .\ci  \.a, 
I  as>ed.' 

The  experience  of  the  years  18X1  ;iiid  188J  .>h..we.l  that  th- 
arrears  on  claims  allowed  jyrinr  t,<  January  2.\  187'),  would  reach 
nearly  $25.t K N »,(X)0,  as  estimated  by  Comnn'ssioner  Hentlev.  ft 
aKo  l>ecame  clear  that  the  .-jrcat  cost  of  the  intasnre  would  re- 
sult from  the  feature  entirely  itjnorcd  npon  its  orii,diial  p.i-a^e 
that  is,  the  .^-rantin.c:  of  arrears  uni^n  each  claim  allowed  aftrr 
January  J5.  187'1  (provided,  h_  the  amendment  of  March  .v 
I87"i.  that  such  clainn  were  file<l  U-fore  July  1.  188o,.  \-  aj,- 
pluations  were  ori<;inally  presented  within  the  prescribed  'in:e. 
de!;iy  in  the  completion  of  proof  simply  increased  the  allowance 
in  pi-osjxvt  at  the  first  payment.  The  avera-e  t-.r-t  i>ayment  in 
1881  to  an  army  invali.I  was  $^>5J/..?;  to  army  wi  l,.v,  >,  miii  .- 
children  and  dei)€ndent  relatives  .91,021,51:  to  nav/  invali  K. 
S771.42:  to  navy  widows,  minor  children  and  dependent  rela- 
tives .S7<X).2i.=  While  the^e  were  c  -nsiderable  -um>,  the  anv -unt- 
to  l>e  obtained  by  coninletins:  the  proof  in  claim^  >ti''  ;ie:idi'"j- 
steadily  -rew  larger  as  the  years  pa-ed  by.  There  wa>  everv 
incentive  to  fraud,  Ix^h  in  the  \v:\ze  to  be  obtained  and  ir.  t!;'e 
weakness  of  the  adjudicatin.q-  system  a<  a  protection  -o  the  '.--ov- 
ernment  a-ainst  imposition.  (Commissioner  P.entlev  had  -lointed 
this  out  in  his  report  for  IS?!  when  he  said: 

Fiesides    lK?in<:   c;nnl)er<ome   and    expensive,    the   present 
system  is  an  open  d.-T  to  the  Treasury  for  the  f-ierpetration 

'  The  st.iti.stics  are  cmipiled  from  the  aniui.il  rejii^rts  of  the  Commissioner 
of  Pension.'!. 

-Report  ■'/  the  C,'miii-ssio:icr  .'f  Fc'tsitr.s  for  1.S}<1. 


"In 


ft* 


5-  m  \ 


176  I-KDKF<AL  MILITAKN  I'KXSIONS  IN  THE  UMTI-D  STATES 

oi"  fraiul.  The  aftidavits  in  <iip]>ort  of  the  claims  have  the 
same  appearance  to  ilie  ofticers  of  the  Bureau,  whether  true 
or  false.  .  .  .  There  i^  another  aspect  of  the  i:v  parte 
system  wliich  should  receive  the  mi.st  earnest  consideration 
(in  the  i)art  of  the  (;overninent,  and  that  is  its  fruitfuhtess 
of  crime  ajjainst  the  laws,  in  the  nature  of  perjury,  forgery 
and  false  personation. 

On  January  20,  1881.  the  Commissioner  wrote  to  Senator 
H.  C.  Davis  that,  considering  the  whole  case,  he  was  of  opinion 
that  not  less  than  ten  per  cent  of  the  pension  appropriations  were 
paid  out  uiKjn  fraudulent  and  illegal  claims.  In  1881  that  would 
amount  to  over  $5,000,0(H.). 

Xo  one  can  tell  what  the  total  cost  of  the  Arrears  .\ct  was. 
Kven  with  the  clause  limiting  its  a{>plication  to  claims  presented 
Ijefore  July  1.  1880,  Commissioner  Bentley  estimated,  in  the 
letter  to  Senator  Davis  above  referred  to,  that  the  measure 
would  ultimately  cost  $510,(.)t)0.000.'  Besides  the  great  total 
which  the  arrears  payments  reached  annually,  the  ordinarv  pay- 
ments for  an  indefinite  series  of  years  were  very  largely  iii- 
creased  over  what  they  would  otherwise  h.ive  Ix^eii.  If  it  had 
not  k-en  for  the  stimuhw  given  by  the  .Arrears  .\ct,  manv  pen- 
sioners might  never  have  filed  claims.  Pn-bablv,  in  a  'larger 
numljer  of  cases,  the  presentation  of  the  claims  was  hastened  by 
many  years.  Xormally  the  claims  would  have  I)een  presented 
later  m  life,  and,  if  allowed,  would  not  have  carried  arrears 
datmg  back  to  death  or  .lischarge.  It  is  not  possible  to  estimate 
accurately  the  numljer  of  claims  which  would  have  l)een  filed  if 
the  Arrears  Act  had  not  iK^en  passed.  But  we  have  seen  what  a 
vast  mcrease  of  api)lications  over  previous  v-ears  immediately 
followerl  the  passage  of  the  measure.     Certainly  it  was  respon- 

•  C..m,ni->i„„cr  Bentley  th,a>Kl.t  that  tl,e  Arrears  Act  w,.ul,l  cause  12.^000 
«  le>is„.„ers  to  lie  place.!  o„  uw  ikhm,.,  roll  in  excess  of  those  who  would 
lave  l.een  placed  there  ,f  the  act  had  not  heen  passed.  He  estimated  the 
a\erai;e  (juration  of  tluse  new  penMo„s  at  twenty-two  years.  Therefore  he 
included  m  h.,  estimate  ot  the  total  c-t  of  the  act  an  item  of  S28400l)(100 
to  cover  the  annual  pensions  t.>  the  1_'5.(KI0  new  p<i)Moner<.  Of  course  there 
■  ^  rnuch  room  l.^  difference  of  opinion  a^  to  the  correctness  of  such  an  item. 
iluusc  h,t<'its.  A<jih  Long.,  ,vi  s,^..,  Rt,„,rt  \o,  7g7.  s7l-572. 


r  ' 


ARREARS  LEGISLATION 


177 


hil)le  for  a  lasting  increase  in  the  (jrdiiiary  Imrden  of  jK-nsion 
exj)€nditures  as  well  as  for  the  disl)urseineiit>  fur  arrears,  i'he 
arrears  part  of  the  expenditure  had  up  to  June  .^0,  18«5.  aicord- 
inj.,'  to  a  statement  of  General  J.  C".  I'.lack.  Coininissioner  of 
Tensions,  reached  $179,400,000.  While  from  the  nature  of  the 
I'roljlen.  the  exact  cost  of  the  .\rrears  .\ct  can  never  Ik-  ascer- 
tained, the  evidence  clearly  shows  that  it  was  several  hundred 
millions  of  dollars.  Since  the  act  was  passed  under  the  assump- 
tion that  it  would  take  about  twenty  millions  frtmi  the  Treasury. 
its  critics  did  not  speak  too  stronjjly  when  they  denounced  it  as 
an  outrageous  swindle. 

The  great  l)ody  of  the  old  soldiers  did  not  ask  for  this  measure 
and  were  not  responsible  for  it.  In  a  long  and  acrimonious  de- 
bate in  the  Senate  in  1882  much  light  was  thrown  on  the  sul)- 
ject.'  In  the  course  of  the  discussion.  General  Ilawley  of  Con- 
necticut, a  high  minded  representative  of  the  Civil  War  veterans, 
said: 

I  l)elieve  that  the  mass  of  the  soldiers  did  not  a.sk  for 
this  act;  they  did  not  expect  it;  they  were  as  much  sur- 
prised by  it  as  anybody;  they  did  not  enlist  with  a  chief 
view  to  the  awards  in  money;  nor  would  they  unduly  bur- 
den the  country  they  offered  their  lives  to  save. 

Could  the  true  sentiments  of  the  soldiers  themselves  have 
governed  legislation  on  this  subject.  1  l)elieve  it  would  cer- 
tainly have  been  just,  liberal,  even  generous,  but  it  wcnild 
have  been  shown  rather  in  large  pensions  for  the  future 
than  in  the  gift  of  large  sums  in  gross  for  the  past,  and  it 


«?■! 


1 


m 


IV"  I 


-Senator  Heck  oi  Kentucky  had  s.iid :  "I  would  iiromptly  repeal  tlie 
arrears  of  pension  act.  It  was  conceived  in  sin  and  brought  forth  in  iniquitv 
It  IS  a  fraud  upon  the  American  people,  and  a  standiuK  monument  to  the 
iRnorance.  selfishness  and  cowardice  of  the  American  Congress."  Senator 
Ingalls  felt  called  upon  to  reply  and  offered  a  resolution.  "That  in  the 
opinion  of  the  Senate  the  act  of  January  25.  1879,  commonly  known  as  the 
arrears  of  pension  act.  ought  not  to  be  repealed."  A  long,  and  at  times  bitter, 
debate  followed,  which  was  continued  from  time  to  time.  Various  amend- 
ments to  the  Ingalls  resolution  were  proposed,  and  in  the  end  it  was  ordered 
to  he  on  the  table.  The  resolution  was  introduced  January  12,  1882  and 
the  debate  began  on  January  16.  See  Con./rcssioual  Record.  47th  Coinj..  Ist 
Sess..  Parts  1  and  2.  Senator  Hawley's  speech  on  February  6  is  reported  in 
Part  1,  p.  921,  and  is  worth  reading  in  full. 


M 


17S   I'I'DI.K'AI.  Mil  IT.\in-  I'KNSIDNS  IN  TMK  I'MTI-.n  STATi:s 

\\i>u!(l  li.ivi'  Id'i-n  ai'ci)iiip;:iiii'(l  Uy  tlie  most  (.•aruliil  provi- 
sions tor  ihoroiiijli  iiivcstij^atioii  atul  just  awarii. 

However,  ( ieiifral  llawley  niamtaincd  that  tlie  Arrears  Act 
was  on  the  statute  Itooks,  auil  tliat  those  wlto  applied  during  tlie 
l)rescTil»cd  |)criod  of  time  aci|uired  a  moral  and  tipiitalile  rij;iit 
to  receive  tlie  payments. 

The  ,i,'reat  money  cost  of  the  Arrears  Act  was  easily  met  hy 
the  ahniidaut  national  revenues  of  the  periinl  from  ISSn  to  1X*I(». 
After  the  tirst  year  of  the  law.  tliere  was  i>o  more  talk  of  havint; 
to  sell  lH)nds.  I'ut  there  were  otlier  serious  cotise([uences  of  the 
measure.  The  tjreat  volitmc  of  new  business  caused  the  j,'roup 
of  \\  ashinf;toii  pension  attorneys  to  fjrow  prosperous  and  i)ow- 
erful.  Hy  constant  advertisinj,'  and  drimiminp.  a  few  of  the 
most  active  attorneys  succeeded  in  concentrating  in  their  offices 
the  prosecution  of  a  ^rcat  majority  of  outstanding  claims.  Some 
attorneys  had  cases  hy  the  tens  of  thousands  jjending  and  were 
eauiT  to  secure  early  and  favorable  action  in  order  that  the\ 
ntivdit  collect  a  fee  of  at  least  ten  dollars  in  each  successful  ca.se. 
\\lien  Commissioner  of  Pensions  Uentley  proceeded  with  cau- 
tion and  delil)eraiion  in  the  .settlement  of  claims  and  established 
re.irulations  to  safeguard  the  interests  of  the  goveninunt.  the 
grouj)  of  attorneys  started  a  general  attack  on  his  administration 
of  the  office  and  circulated  among  the  f.jriner  soldiers  [K'titions 
for  his  removal.'  .\ll  through  1878  and  1870.  the  Xational 
Tribune  (the  organ  of  Ceorge  K.  Lemon,  the  leading  pension 
attorney )  was  devoting  its  columns  to  a  systematic  cami)aign 
against  Mr.  Rentley  and  his  plans  for  reform  in  pension  adniin- 
istraticm.  The  Decemljcr.  187<',  issue  esjiecially  invited  the 
Cirand  .Army  of  the  Republic  to  scrutinize  the  Pension  Office. 
On  January  12,  1880.  the  House  of  Representatives  voted  for  a 
committee  investigation  of  the  Pension  Office.^  The  fact  tliat  a 
presidential  campaign  was  approaching  may  have  had  something 


'  .V,;i'  V,>rk  Tribune.  May  i.  1880.  p.  1.  col.  4. 

=  Tlu-   u'ord  nf  tlii^i  investigation   is  to  \k  found   in  House  Reports    46tli 
Cong..  ,id  Scss..  N"o.  ,W7. 


'l-.NS|i)\S  AM)   rm.iTK  s 


179 


tci  ilo  with  llu-  \viliiti;,'iit'>-,  of  tlu"  Dciiiotratic  ili)it>c  ni  Kcprc- 
sfiitativfs  ii.  iiivi->.ii^;ati'  Mr.  Ili'iiilfv,  a  Kuinildican.  'I'lic  iiive-,- 
tiuatiivt,'  ciiiiimittL-e  uas  licaded  hy  Mr.  (  Mttn<th  (jf  I'cniisyUania 
will",  tlic  .Vc.\'  i'urk  I  ribntii-  >aiil.  wa>  an  attDnicy  iiitere^tt'il  in 
pension  claitii>.'  Ufarin^s  were  held  fnnn  time  to  time  duriiij^ 
the  lirst  half  (if  l.".K(i  and  were  later  continued  during  January 
and  I'Vhruary,  1881. 

Much  of  the  teNtiniMny  was  that  of  attorney^  wlio  ihar^'cd 
Commissioner  I'.entiey  with  arbitrary  rulinj,'-,  and  unnecessary 
delays  in  the  adjudication  of  i>eiision  claims.  The  Commis- 
sioner replied  that  the  Pension  OlVice  had  Wm  overwlielmed 
with  applicati«-ns  since  the  passage  of  the  Arrears  Act,  that  the 
clerical  force  was  insufficient  to  keep  up  with  the  volume  .>f 
business,  and  that  insistence  on  rules  and  rej,mlati( .ns  was  neces- 
sary in  order  to  guard  aj^ainst  fraud  under  the  unsatisfactory 
iM-  parte  method  of  taking  testimony.  Mr.  I'.entley  attacked  the 
"machine"  methods  of  the  leading  clain  y^ents  who  had  solicited 
applications  from  far  and  near,  and  t  a  ven,-  large  extent  con- 
centrated in  a  few  offices  the  business  of  prosecuting  pen-ion 
claims.  He  pointed  out  that  pension  attorneys  who  represented 
tens  of  thousands  of  applicants  had  no  personal  acquaintance 
with  their  client-  <ind  gave  themselves  little  concern  a.s  to  the 
character  of  the  affidavits  they  gathered  and  presented  Th-  Com- 
missioner considered  that  much  of  such  evidence  wa-  n.t  nist- 
worthy,  and  delays  were  frerpiently  necessarv  for  i     in 

quiry  into  the  merits  of  cases  of  this  class. 

The  charge  was  also  made  that  the  conduct  •■i  the   'Vik: 
Office  was  influenced  by  p..Iitical   motives.     One   foniu      . 
agent  alleged  that  Commissioner  Rentley  had  Iwcn  (lelayni-  ■ 
allowance  of  claims  in  compliance  with  the  wislu--  of  Secret 
of  the  Treasury  Sherman,  who  would  lie  unable  to  prestM- 


■f 

rj         -     »| 


V. 


^\cw   York   Tribune.  Xovomtier  10.   1880.  p.   1.  eel.  5.     Tlu-   7>'.''.,.i     li^ 
said  on  June  2,i.   188()  (p.  .i,  col.  1).  tliat  two  objects  were  in  view  in  h.,'.ii  ^ 
the  House  committee  invc<tiRate  tlie   Pension  Office:     "One   wa«  to  lur  •  ^-^ 
somethinjT  in  the  interest  of  tiie  claim  acents  l.v  wliicl-.  to  .lelay  and  ..l,~trn- V 
tlie  work  of  reoraanizinK  tlie  pension  .sy-tem.    'The  other  was 'to  v;.it!uT  m, 
tcri.-il  for  nsc  in  the  cnminij;  campaign  to  show  that  under  a   ReptiMican  a.i 
nimistration   the   pensioners   have  not  been   properlv   and    fairly   attended   to 
In  Ix^h  resptcts  the  investigation  has  thns  far  been  a  failure."' 


i"' 


180  FEDKR/.I.MII.ITAkV  I'KNSIONS  IN  THK  UMTII)  S  lAI  i;s 

giKxl  financial  re|>ort  in  the  year  of  the  presidential  laini^iijjn  it 
M)  many  niillicms  were  turned  out  of  the  I'reasury.  The  iinpli- 
cation  was  that  a  iKH>r  Treasury  rejKm  for  lK8l)  would  l>e  dani- 
aginf;  politically  to  Secretary  Slurman  and  the  adniinistratimi.' 

\\  hen  the  conunittee  investifjation  was  coiiinmed  during,'  the 
winter  after  the  i)resi(lential  election,  the  fact  ua>  e^tal>ll^lK•d 
that  in  C)ctol>er.  KSXO,  tlie  iVtision  I'.ureau  alloweii  4.4.'3  ori^jinal 
claims — far  more  than  in  any  otl.er  month  of  the  year.  A 
charjjc  was  made  that  attention  was  concentrate!  on  Ohio  and 
Indiana  cases  in  order  to  gain  votes  in  those  states  hv  the  grant- 
ini;  of  i)en>ions.  There  was  also  testimony  that  favorites  in  the 
I'.ureau  were  given  cases  to  investigate  at  election  time  in  the 
vicinity  of  their  homes  and  that  they  were  thus  able  to  partici- 
pate in  elections  and  have  their  traveling  .-xpenses  to  and  fn.m 
their  homes  paid  by  the  government.  However,  even  if  the 
truth  of  such  charges  he  granted,  the  iv)litical  activities  of  the 
Pension  Bureau  in  the  campaign  of  188(»  were  slight  as  com- 
pared with  its  conduct  in  later  presidential  campaigns.^ 

In  its  final  report,  the  investigating  committee  .said  that  the 
re.^i)onsil)ility  for  administering  the  law  fairly  was  on  the  Com- 
missioner of  Pensions  and  that  the  successful  management  of 
the  Bureau  would  depend  on  the  personality  of  the  chief.  It 
found  that  there  had  Iwen  delays  in  deciding  cases  promptly 
after  all  the  necessary  evidence  had  l)een  filed.  The  committee 
advocated  the  creation  of  a  court  of  pensions,  or  a  lx)ard  of  ap- 
peals and  review  (not  subject  to  the  Commissioner!,  to  review 
the  decisions  of  the  Commissioner  in  rejected  cases.  Otherwise 
no  changes  in  the  law  were  recommended.  However,  the  report 
asked  that  the  coinmittee  I*  continued  as  one  of  the  [)ermanent 
committees  of  the  House.' 

Commissioner  Bentlcy  had  displayed  both  ability  and  courage 


1  Tc.Mimoiiy  of  GcorRc  M.  Van  Burcn,  .iipril  .\  1880.  /,,)i(.t,-  A',/>,.rrc  4(itli 
Conn.,  3(1  Scs.s..  No.  .387,  89-9(). 

-For  ti-stimony  rcgardinf?  the  at<ive  iidlitical  activities  <-'(■  il'id  385 
38H-3K<>,  424.  i  r  .    .  .^     ,.  la..    jod. 

•'Tlic  linef  final  report  is  prefixed  to  the  lengthy  testiinonv.  The  proposal 
f<ir  a  }  ensicn  Court  wa-  before  the  46th  Congress  in  a  hill  whicli  faikd  of 
passage. 


I'l  .v-l'  1,.^     WD    I'ltl.l  I  ii  - 


ISl 


ill  his  luiist.iiit  ilfiirtN  it>  iiiiiiri>\i'  tlu-  ^idiiiiiii^ti.itiun  ..i  tlic  I'i-d- 
nIi'Ii  lUin-aii  ami  to  |)inti\t  tlic  i;i>viTnmeiit  against  f rati' I.  I'.iit 
lii^  liiiiiT  DpiMxu-nis,  tlif  \\a>liiii>,t>>ii  claim  a;,'fiit-,  -iicccccUii  iii 
inakiiij,'  him  iiiiiH)|mlar  witli  tin-  former  >()lilier>,  ami.  on  jiiin- 
27.  IH81.  I'rcsiik-iit  darticld  o>tiiiiii^>ioiK-(l  (  nloticl  W.  \\  .  Diid- 
iey  of  Indiana  in  his  stead. 

Tlie  (irand  .\rni>  .f  the  Kci)iil)!ie  met  that  year  at  liidiaiia|>- 
olis  and  for  tiie  tirst  tjnie  actively  intenencd  in  the  matter  of 
|K-nsinns  I>y  apiMiiiitinR  a  committee  to  look  into  the  <lelay  in  the 
settlement  of  innsioii  claims  and  repirt  recommendations.'  This 
committee  was  ahic  to  report  at  the  annual  encami>ment  in  ISSJ 
that  "the  accredited  representatives  of  our  order  have  come  di- 
rectly in  contact  with  the  law  making  power.  Common  jn!>tice 
demands  that  we  snould  ofticially  state  the  oMiijations  we  feel 
under  for  the  cordial  reception  we  met  with  at  the  hands  i)f  the 
['ension  Committer  of  Ix.th  Houses."  The  committee  had 
every  reason  to  In.'  j^'ratitied  at  its  success  witli  (  on^ress.  .\nion.^- 
the  im|N.rtant  results  of  the  committee's  work,  as  rei)orted  l>y 
Corporal  James  Tanner,  was  the  authorization  of  the  employ- 
ment ni  alx.iit  twelve  hundred  additional  clerks  to  l.e  employed 
ill  various  oftice>  to  ex])cdite  jK-nsion  work  at  an  annual  e.\|)eti-c 
oi  .$1.742,4.^0.  The  committee  recommended  tliat  the  (Irand 
Army  should  estaMish  a  staiidiu-;  committee  on  pensions.-  With 
lom.iiissioner  Dudley  in  the  Tension  liureau.  and  a  lar-elv  in- 
creased clerical  force,  claimants  had  hi-^h  hopes  that  allowamcs 
would  prouT.I  more  lapi.lly  and  lar-ely  increased  sums  of  money 
1)C  paid  out. 

On  DeccmluT  8.  l.V.Vi,  the  Senate  rassed  a  resolution  callintr 
upon  the  IVnsiiin  liureaii  t'..r  information  uixm  several  matters, 
includiii!.:  the  cost  of  carry  in-  out  the  .\rrears  Act  and  the  proI>. 
at.le  cost  ,if  certain  proposed  letrislation.''  Senator  Reck  of  Ken- 
tucky succeeded  in  anien<lin<,'-  the  resolution  to  provide  for  the 

'  Journal  nf  the  i-,th  Sational  Encampment,  C.  A.  K.,  791. 

^Journal  of  the  lOlh  Sational  Enc.imfment  C.  ■'  R  87'-875  \t  tliis 
encampment,  the  commander-in-chief  cautioned  the  posts  aeainst  partisan 
political  activity,  which  was  against  the  rules  of  the  order.    Ibid.,  868-869 

3  Congressional  Record.  47lli  Cong.,  2d  Sess..  Part  1,  35.  71,  10.?. 


|;4^  II 


^i 


■N 


r 


182  FEDERAL  MILITARY  PENSIONS  IN  THE  UNITKD  STATES 

publication  of  tlie  i)ensi()n  list.  From  Commissioner  Dudley's 
reply,  dated  December  16.  1882,  it  appears  that  on  Deceml)er  1 
the  number  of  pensioners  on  the  roll  was  estimated  at  291,656, 
with  pensions  having:  an  annual  value  of  $30,013,000.  There 
were  about  275,000  original  Civil  War  applications  pending,  and 
79,583  claims  on  the  rejected  files  which  might  l)e  reopened  on 
the  discovery  of  material  new  evidence.  The  Commissioner  re- 
ported that  the  total  disbursements  for  arrears  from  January  25, 
1879.  to  December  1,  1882,  were  $97,892,000.  He  pointed  out 
the  difficulty  of  estimating  the  future  cost  of  the  Arrears  Act. 
There  remained  on  the  files  of  the  I'ension  Bureau  253,648 
original  Civil  War  claims  which  had  l>een  presented  prior  to  the 
expiration  of  the  limitation  on  July  1,  1880.  Commissioner 
Dudley  estimated  that  202,919  of  these  might  eventual  I  v  l)e 
allowed.  If  they  should  all  be  allowed  simultaneously,  and  if 
each  claim  should  receive  the  average  amount  of  arrears  then 
being  paid  on  claims  of  like  nature,  the  additional  amount  of 
arrears  to  l>e  paid  would  Ik  $204,795,000.  And  i>lacing  these 
new  pensioners  on  the  roll  would  increase  the  annual  value  of 
the  i>ensions  on  the  roll  from  $30,000,000  to  $50,000,000.' 
I^ter.  as  required  by  Senate'-  Beck's  amendment,  the  whole  i>en- 
sion  list  was  published  as  of  January  1,  1883.  The  rcpirt.  in 
five  volumes,  gave  the  name  of  each  pensioner,  the  cause  for 
which  pensioned,  the  post  office  address,  the  rate  of  {Kjusion  jier 
month,  and  the  date  of  the  original  allowance.' 

Upon  the  publication  of  Commissioner  Dudley's  estimates  in 
reply  to  the  resolution  of  the  Senate,  vigorous  edit. .rials  in  oppo- 
sition to  increased  pension  exi)enditurcs  appeared  generally  in 
the  newspapers  of  the  large  cities.  When  the  pension  list'  ap- 
peared later,  there  were  further  articles  in  criticism  of  persons 
f.umd  upon  it.  In  reply,  Mr.  Lemon's  Xatiowil  Tribnnr  clinm- 
1-ioned  the  cause  of  the  pensioners  and  claimants.'     Ft   urircd 

'    V  „■,;/.•   /•.,•.   /),,,-.,  47,1,    C.  nii.,  J(I    .So-*      \n     '1 

-///(.'..  X...  84. 

■  L-n.k-r  the  hi-.-ui.nR  'The  M.u-  .-md  Cry  wl.id,  the  NcwsiKipor  moodhnrn.N 
Arc-   Ra,.,ng  .-.samst  <a,r  c.x-Snl.liers,"  ,l,c  .V„/,„„„/  Tnbu.l  of  Januar.v  4^ 


PENSIONS   AND   POLITICS 


183 


editorially  that  the  ex-soldiers  must  organize,  that  they  must 
make  up  their  minds  "to  vote  against  every  candidate  for  pohti- 
ca!  honors  who  is  not  pledged  to  their  cause."  and  "to  withdraw 
their  patronage  from  every  newspaper  which  is  oj/posed  to  pen- 
sions."' 

In  advising  the  ex-soldiers,  the  National  7  ribiiiic  spoke  with 
more  than  the  authority  of  a  claim  agent's  organ;  it  had  received 
official  recognition  and  endorsement  from  the  G.  A.  R.  Com- 
•.-■•inder-in-Chief  Paul  Van  Dervoort.  who  had  been  elected  at 
the  national  encampment  in  1882,  had  issued  general  orders  on 
Deceml)er  21,  1882.  in  which  he  named  Mr.  George  K.  Lemon 
as  one  of  his  aides-de-camp  "on  account  of  the  valual)le  services 
rendered  the  Grand  Army  of  the  Republic  by  the  Xational  Tri- 
bune."' Mr.  Lemon's  paper  was  exceedingly  active  during  1882 
and  1883  in  promoting  the  organization  of  Grand  Army  posts. 
In  the  annual  address  at  the  Denver  National  Encampment,  July 
25.  1883,  Commander-in-Chief  Van  Dervoort  praised  Mr.  Lenicm 
and  his  publication  and  said  that  they  had  referred  to  the  na- 
tional headquarters  applications  for  170  new  jiosts.  nearly  all  of 
which  had  been  organized.^ 

In  the  same  address,  the  commander-in-chief  said  that  the 
G.  .\.  R.  must  l)e  non-partisan.  The  National  Tribune,  at  this 
time,  agreed  that  the  order  must  be  non-partisan.  However,  it 
urged  the  ex-soldiers  to  go  to  the  nominating  conventions  of 
both  j.arties  and  demand  recognition.     At  elections  the  veterans 


If' 

n 


18S3,  published  editorials  aKainst  pensions  from  the  .V.-u'  )\>»/l-  Sun  Ciiuin- 
tiali  Commercial,  Boston  Ilenild.  Chu\ujo  Tnhtinr.  I'htlad.lfhu,  Timci  H.s- 
''"'.  /^''''iW.  f'l'"  Obser-er.  St.  Lruis  Olobc-Dcmiurat,  Xew  Vi'rk  Tribune 
itu-a  Hcrnld.  and  Chicago  Times.  The  Xational  Tribune  even  went  s<i  far 
as  to  criticize  the  attitude  of  (icncral  Grant,  wlio,  in  writing  to  recommend 
the  passage  of  the  bill  increasing  the  pensions  of  those  who 'had  lost  a  limb, 
said:  "1  concur  in  recommending  the  passage  of  the  aliove  bill.  No  pen- 
sion can  compensate  '.he  men  who  have  lost  one  or  more  limls,  and  I  should 
be  glad  to  see  that  class  of  pensioners  well  provide<l  for  instead  of  the  in- 
discriminate pensioners,  many  of  whom  are  pliy>icallv  as  gO(jd  as  they  would 
have  been  if  the  war  had  never  been  fought."  See  '.Xational  Tribune  lanu- 
ary  4,  1883;  January  2.\  1883;  March  I,  KS'^.l 

^.Xatiouil  Tribune,  editorial,  Jainiarv   11,   IS,''.^. 

=  Ibid.,  January  4,  l.«83. 

^Ilid..   lulv  26,  I88.V 


in 

l1 


I 


M 


La 


P    i 


Y: 


184   I'KDKRAI.  MILITARY  PEXSIOXS  IN  THE  UXITED  STATES 

were  asked  to  support  soldiers'  candidates  "pledged  to  their 
cause."  In  furtherance  of  this  iwlicy  of  extensive  organization 
and  acquisition  of  political  intiuence.  the  Xatioial  Tribune  mail.- 
tained  a  weekly  (kand  Army  of  the  Republic  department,  de- 
voting much  space  to  all  the  activities  of  the  order  and  dili- 
gently promoting  its  expansion. 

Doubtless  the  promotion  of  their  principal  organization  under 
such  auspices  had  a  great  influence  in  changing  the  feeling  of 
the  old  soldiers  regarding  pensions.  As  late  as  1882,  General 
Hawley  said  iti  a  sinjech  in  the  Senate  to  which  reference  has 
alreadv  been  made :' 


1  here  are  no  men  who  will  pass  a  severer  judgment  upon 
excessive  or  tnmecessar>'  or  fraudulent  pensions  than  the 
soldiers  themselves.  The  majority  of  them  are  not  i)en- 
sioners.  and  they  hope  that  health.'  industrv.  and  good  for- 
tune will  i)revent  their  (.ver  becoming  such.'  While  they  ao 
feel  and  manifest  a  great-hearted  sympathv  for  needv'and 
suffering  comrades,  are  generous  in  their'  own  gifts'  and 
consider  lil)erality  on  the  part  of  the  government  not  char- 
ity but  justice,  they  know  also  that  among  2.(»0.<X)()  of 
soldiers  there  is  humanity's  proportion  of  unworthv  men 
who  are  the  natural  prey  of  the  creatures  that  ahvavs  Hy 
from  afar  to  the  disbursement  of  great  treasures. 

Unjust,  unnecessary,  and  excessive  jjensiims  are  an  in- 
justice to  the  unpensioned  soldiers,  who  are  tax-payers,  as 
considerate  of  excessive  taxation  and  quite  as  fullv  'anxious 
to  see  an  economical,  prudent,  and  just  government  as  anv 
other  worthy  and  patriotic  class  of  citizens. 

The  Natioiia!  Tribune  and  many  lesser  publications  of  its  kind 
were  continually  teaching  a  very  different  doctrine.  They  said 
that  the  ex-soldiers  had  saved  the  Union  and  that  the  country 
owed  everything  it  had  to  them,  that  the  debt  was  greater  than 
could  ever  l>e  rei)aid,  that  the  I)ondholders  had  received  billions 
in  principal  and  interest,  and  that  those  who  had  risked  flesh  and 

1  February  6,  1882,  Con<).  Record.  47th  Cong.,  Ut  Scss.,  Part  1,  921. 


riCNSK^XS   A.M)   I'OMTICS 


185 


bloo<l  coiikl  never  be  i>ensione(I  too  Iil)erally.  Ordinary  safe- 
guards in  the  administration  of  the  pension  laws  were  denounced 
on  the  ground  that  all  doubts  <iught  to  l)e  resolved  in  favor  of 
the  claimants.  Honest  and  careful  officials  were  hounded  and 
vilified.  The  country  was  said  to  l)e  rich  and  the  treasury  over- 
dowii.g.  Propositions  to  reduce  federal  taxation  were  oj>]K>sed 
on  the  ground  that  the  funds  available  for  pensions  would  thereby 
be  reduced.  Threats  of  political  opposition  and  defeat  were  made 
against  legislators  who  did  not  yield  to  the  extravagant  demands 
made  in  iK'half  of  the  pensioners.  And  all  the  while  the  ex-soldiers 
were  as.sured  that  they  had  honest  claims  in  the  nature  of  con- 
tracts against  the  government,  and  that  any  refusal  to  grant 
whatever  demands  happened  to  Ije  made  in  their  interest  was  a 
refusal  by  the  government  to  pay  its  just  obligations.  This  pen- 
sion propaganda  was  carried  on  week  after  week  and  month  after 
month  in  sheets  that  went  into  hundreds  of  thousands  of  homes 
throughout  the  land.'  .\nd  it  was  given  a  very  real  and  con- 
vincing as])ect  by  the  substantial  millioi's  that  were  distributed 
throughout  the  northern  and  western  states  under  the  .\rrcars 
Act.  Xo  wonder  that  the  api)etite  for  pensions  on  the  part  of  a 
large  proportion  of  the  cx-soldicrs  became  eager  and  finallv  in- 
satiable. If  their  country  could  never  pay  the  debt  it  owed  tliem. 
they  were  determined  to  ci'llect  all  they  could.  I'erhaps  tl;i>?,e 
who  held  the  just  and  reasonable  views  of  (lenera!  llawley  were 
in  the  majority,  but  they  did  not  control  the  soldier  organiza- 
tions. Their  honorable  protests  against  extravagance  and  fraud 
in  the  pension  system  were  too  often  without  avail  in  the  face  of 

'  The  Xalii'tuil  Tribuiu-  was  the  larRcst  and  most  influential  ^nldirrs'  paper, 
hut  there  were  many  others  ot  like  character.  The  XalioiKi!  TrihiDi,-  con- 
tained much  historical  and  hteran,-  mitter  interestinR  as  familv  reading.  On 
January  15.  ISS.i.  Mr.  Lemon  testified  hefore  a  H<nise  Committee  that  it  had 
112,n00  hona  tide  subscribers  and  went  to  between  18,000  and  19,000  post 
offices.  He  said  that  he  sometimes  sent  out  as  many  as  500,000  copies  in  one 
week.  Some  editions  of  this  size  had  been  sent  out  in  the  fall  of  IS84.  Mr. 
Lemon  said  his  method  was  to  scn<l  out  200,000  or  250,000  sample  copies, 
because  it  was  cheaper  to  send  out  a  large  edition  than  to  advertise  in  other 
papers  for  subscril)ers.  tt  will  readily  he  seen  that  the  influence  of  sucli  a 
paper  was  worth  considering.  l[oiiSf  R,-h,>rfs,  48th  Cong.  2d  Scss  N'o 
2683,  16,  26,  89.  c  .        . 


ft 


I' 


'i^\ 


li'i 


"j'^l 


I  J 


V    1" 

t. 

I'i 

w 

^ 

'  li 

h 

'!| 

>"JU.!.^iMI-'??^. 


186  FEDERAL  MILITARY  TENSIONS  IN  THE  UNITED  STATES 

the  clanuir  nf  the  organized  claimants  and  the  wiles  of  their 
attumevs.' 

Beginning  with  the  authorization  at  Indianapolis  in  1881  of 
the  committee  to  look  into  the  delay  in  the  settlement  of  pension 
claims,  the  ("..  .\  J'  v\s  re5:ridarly  represented  at  Washington 
during  the  sessions  oi  Congress.  At  the  Denver  encampment  in 
1883,  a  resolution  was  passed  authorizing  the  comn  ander-in-chief 
to  apix)int  annually  a  committee  of  live  to  W  known  as  the  Com- 
mittee on  I'ensions.-  These  men  l)ecamc  the  plenipotentiaries  of 
the  Ci.  A.  R.  to  the  Congress  of  the  United  States,  in  the  winter 
or  spring  they  ])resente(l  their  program  of  desired  legislation  to 
the  iieiisio;]  committees  of  the  two  Houses,  and  at  the  annual 
summer  cncampmciu  they  reported  results  to  their  comrades  in 
the  organization. 

As  1884.  the  year  of  the  presidential  election,  approached, 
many  pension  measures  were  intrcnluced  in  Congress.  These 
included  a  Mexican  War  jR-nsion  l)ill.  a  proposal  to  pension  sol- 
diers of  the  Civil  War  who  had  disahilities  rot  of  service  origin, 
and  a  hill  to  rei)ea!  the  limitation  in  the  Arrears  Act.  Senator 
Ingalls  put  forward  the  last  proposal,  and  the  NcUiiwal  Tribune 
enthusiastically  supported  him.  i'ension  claimants  who  had  not 
filed  their  applicatic^ns  Iwfore  July  1.  1880.  felt  it  a  hardship  that 
they  were  deprived  of  arrears,  while  comrades  who  had  applied 
shortly  Wfore  the  prescriknl  date  might,  upon  the  allowance  of 
a  claim,  receive  a  thousand  dollars  or  more  at  the  first  payment. 
T(.  the  jiensicn  atf.irneys  the  prospect  of  the  payment  from  the 
treasury  of  unlimited  amounts  of  arrears  ai)pealed  strongly  as  a 
-tiniuhis  to  keep  iij)  the  volume  of  their  fees  aiid  business.'  Sen- 


In  an  anick-  "A  Raul  upon  tlio  Trea^iirv,"  L.  \V.  B.icon  sav-  "One  of 
the  myft  pitiable  re-iilts  of  the  Arrears  of  Pensions  Act  was  the  demoralisa- 
tion of  the  e>.-s..l.Iicr-.  .  .  .  To  a  painful  extent,  the  ex-sohli^.r.  throusi.- 
oiu  the  nation  were  intoxicated  hy  these  copious  drafts  from  the  Treasury 
aii(.  lie.ijan  to  ravi-  and  threaten,  like  drunken  men  demanding  more  drink' 
rheir  or^'ani?ations  for  mutual  aid  and  good  fellowship  were  turned  into 
po.itieal  maehmes  not  for  the  promotion  of  p-.ihlic  ends,  l.ut  for  the  one  nur- 
po>c  of  public  p  under  for  the  pcrs<,nal  profit  of  the  members.  Candi.lates 
lor  office  were  [ileck'td  to  the  support  of  new  projects  of  roblRTV  under  the 
threat  of  beii.t;  opi.o^irl  by  'the  soldier  v. He.'"  Porutn,  vi,  545.  ' 
^Jrunuil  rf  ih.c  ir-l-  X(lti'<tu:l  Evcamtmcitt,  C.  A.  A'.,  15I-15J. 


I'HNSIOX.S   AND    rr)LITICS 


187 


ator  liif^alls  said:  "I  do  not  care  w iK-tlier  it  costs  one  million  or 
one  thousand  million;  I  am  pu^hinjij  this  matter  simply  ui>on  its 
abstract  justice."' 

Whether  one  advocated  the  rejjeal  of  the  arrears  lituitation  tor 
reasons  of  political  expediency  or  of  abstract  justice,  there  was 
no  doubt  that  the  Treasury  was  able  U>  meet  increased  drafts 
upon  it.  John  Sherman's  predictions  of  an  enlari,'ement  of  the 
public  debt  l)ecause  of  the  original  .Arrears  .\ct  had  not  come 
tnie.  Despite  the  heavy  increase  in  the  i)ension  expen<liturfs.  the 
surplus  piled  up  year  after  year,  the  excess  of  net  ort'inary  re- 
ceii)ts  over  expenditures  beinir  S133,(KX),00O  in  188,^  and  ^\(H,- 
000,000  in  1884.  .Xmonf,'  the  many  and  varied  projKJsals  that 
were  put  forward  for  usinj^  this  surplus,  the  jx-nsion  projects 
were  most  attractive  to  many  party  leaders  as  frivinjj  promise  of 
a  jwpularity  among  the  ex-soldiers  and  their  friends  that  mij;ht 
l>e  turned  to  political  advantage." 

The  rc'resentatives  of  the  veterans  to<)k  ailvantage  of  the 
favoring  circumstances  to  press  their  measures  l)efore  Congress. 
When  the  House  of  Reitresentatives  by  an  overwhelming  ma- 
jority passed  a  Mexican  War  pension  bill  early  in  March    18S4, 

'  Senator  IngalU  introduced  his  new  arrears  measure,  with  the  hmitation 
a?  to  the  time  of  filins  i-laims  stricken  out.  as  Senate  liill,  No.  I,  f.  .r  tlie  48th 
Congress,  bi  a  two  column  interview  in  tlie  Xtitimiii!  Tribuiu-  l-.r  Decem- 
ber 13,  188.^,  the  Senator  said  that  lie  had  made  a  pledi;e  tu  introduce  the 
bill  at  the  annual  reunion  of  the  (j.  .'\.  K.  at  Leavenworth,  Kansas,  in  Octo- 
ber. Me  also  said  that  two  Republican  '■tat'  conventions,  thosi-  (.f  Ijhio  and 
Iowa,  had  endorsed  the  measure.  The  same  issue  of  t!ie  Xati  'ihil  Tribune 
contains  a  lonj;  commendatory  editorial  on  "Senator  lni:alls  and  the  Arrear? 
Bill."  In  Jaiuiary  and  l-'cliruary,  1884.  the  Xii!:,iiui!  Tribune  inibbshed  a 
scries  of  articles,  over  the  si(jnature  of  Senator  ln^;alls,  asiertii'g  that  the 
previous  .Arrears  .\ct  had  been  of  "incalculalile  benefit"  to  the  country,  ad- 
vocr.'-'ng  the  repeal  of  the  limitation,  and  also  e.xplaining  and  supporting 
other  pension  i.'easurts.  See  .Vii.'i/imi/  Tribune  for  December  1,',  l!^?;  lanu- 
ary  31,  1884;  and  February  28,  1884. 

-Senator  Ingalls  wrote  in  the  .Vii'icuj,//  Iribune.  January  ,M,  1884;  "Tlie 
national  creilit  has  been  sustaineil :  tln'  interest  on  tlie  debt  li.is  lieen  paid; 
all  branches  of  tlu  public  service  \y,\\.:  been  amply  supported;  a'd  n>twitli- 
stanibni.'  all  these  exactions,  a  superabundant  revenue  continue-  to  inundate 
the  Treasury.  What  bette.'  use  can  le  made  of  cur  surplus  than  to  pa>  vi 
the  utui"-t  farihini.;  these  most  sacred  ^'f  a'!  our  national  o]ib:.:at;  lis"-'  .\ii> 
alti  rnative  plan  to  dispo-e  of  the  snrp'us  '\  the  reduction  of  federal  taxation 
wa-  vigoroinlv  i.pp.i-ed  bv  the  pe'i«ii  n  .iiteresls.  See  Xiitioi:.tt  Tribune. 
lanuarv  4,  188,^  March  8,  188.i;  I  ,.).ruarv  7.  I8,«4:  A",:,-  Y.rk  Sun  lanuarv 
24.  1884. 


m 


%  ii 


'^ 


I 


,1 


II 


l^;:-5 


!  I-; 


iss  l•■l^l)l■:l^\I.^m.;T.\K^■!■l•x-pl\sl\Tll!■;L•v:•:i■,usT.•.-i!;< 

the  Xiitioiiiil  irihuiu-  do^crvci  that  "tlic  real  test  of  its  [tlio 
li'»ii.se">|  patrintiMii  will  cnim-  wiicii  the  varinii>  iiicasiircs  coi;- 
a-ivc.l  in  ihe  imcre-t  ,,t  the  \eUTaii.-,  of  ,hc  lalo  'Aar  are  hr..ii-ht 
iij)  lor  aetion."'  (  h\  .March  o  the  Committee  on  I'eii.sioiis  of  the 
(..A.  I',  met  in  W  a>hiiij;tni,  to  ])re])are  a  i>ro-ram  of  pension 
le-isiation  to  reeommen.i  to  Con-ress.^  Tiie  chairman  of  tiie 
conunittee  ua.s  Past  lommander-in-l  hief  (ienr-e  S.  Merrill,  and 
the  other  memliers  were  Past  (  omniander-in-Chief  Louis  \\:v^. 
ner.  Past  Commandci-ip-ihief  i 'aul  \an  nervor)rt.  (it.icral  C.  H. 
Crosvenor.  and  C  orporal  James  Tanner.  There  were  then  l)t:fore 
the  committees  ..f  f,,n-ress  nearly  one  hundred  distinct  hills 
relatin.i;  to  t!ie  j,^encral  st.j.iort  of  pensions.  The  committee  had 
iHJtorc  it  Commissioner  .)f  Pensions  W.  W.  l)„dlev  and  Comrade 
(.corpe  F..  r.emon.  an.l  heard  at  len-th  their  views  as  to  the 
le^tslation  that  ou-hr  to  Ih.>  enacted.  l-inallv  the  committee 
selected  alK.ut  a  dn.en  different  pension  propo.sals  to  present  to 
(  onjjress  at  that  time.' 


>  V„/,„«„/  Tnhu-.u-    .\Iar>-l,  (,,  \m.    T!,e  hill  pa.,c.l  l.y  227  vcas  to  46  nays 
mituc         ,he  (..  .\.  R.    ,ec  J.unu,!  of  the  ,Sth  .\ati.;,a!  lin.amfmct.   105. 

In  iss;'  ■  ■''!]■•''<'■  ■''-'l'  ^""--  -''i  Si-ss.,  Kq^rt  .\o.  2m    \=,^-\(*)  ) 

I  -.l  >    l"«.l'l>-,^<lvant.-.«,-,„is  to  him.ell    were  uncl.r   invt-M  Katim 

I.  «as    l,,,WKln  ,l,.-it  \an  lVrv„ort  l,a,l  assisted  hin,  ,n  the  matter       ^ 
Uh.n  Xaii  Dcrv.M.rt  «a,  o.inin,inrler-in-chiet  nf  the  G.  .\.  R    in  188'-188.5 

S  n  ■ ;  L^IR^^  ,f/'"T'  "''''"■■"'  ^'  "^''  "■■"'""^''  •^"^•ampment  in  188.5. 
in  .>Lptimhcr.  IHsj  ,af,cr  his  term  as  oonimandcr-in-chief  had  exnire.l ) 
\an  iKrvnort  was  M,m,.arily  removed  from  the  office  of  chie  lerk"^  he 
I  .S.  RalK^^•^y  M.-,i'  Servue  at  (Imaha.  .Veb..  by  order  of  I'nstmaster  General 
(,resham.  The  ch.ir^'e  was  that  the  .ervce  in  his  section  was  ,  emora^,'-.^ 
and  that  lie  ne«lec,ed  his -luty  and  ahsen.ol  himself  from  his     ;,    hT^r'ate 

U^e  G  .;  R^',e"Tnd  m'  ^f  '"r'^' /''^^  '"""^^"  "^  '^  -"nection  wl  h 
tiie  C.  -X-  K    he  should  he  allowed  to  draw  pay  as  chief  clerk  without  ner- 

formmK  th.  dm,..,-,,  the  office.  The  .V„/,-„„„/ YnV,,,.,.-  ( .S,  ptem  er  13  188? 
and  folloums)  detended  him  in  issue  after  issue  an.l  at  empted  o  for'ce  his 
reinstatement.  Van  Dervoort  cla.med  that  what  he  had  done  w..  w'hl  he 
knowledge  and  oM^cnto,  the  Department.     .A,  the  national  encampment  o? 

he  i,  .A.  R.  m  1.S84  \an  i)ervor,rt  represente.l  Lemon's  views  hy  attacking 
the  administration  of  Commissioner  of  Pensions   Dudlev.  aitacKint, 


PENSIONS   AND   POLITICS 


189 


Having  agreed  u](in  the  measure^  to  tie  Mipi-fjrttd,  the  (i.  A.  U. 
men  apj)eared  l^fnre  tlie  pension  committees  of  Inith  Houses  and 
interviewed  individual  Senatcjrs  :uid  Kejircsentaiives.  'Iliey  jnit 
their  views  in  the  form  of  a  memorial  V>  Congress,  favoring 
alxiut  a  dozen  different  measures  and  sixcifically  ojijKJsing  a  few 
extreme  propfjsals.  !ii  the  matter  of  arrears  the  committee  was 
more  moderate  than  Senator  Ingalls.  asking  only  that  the  arrears 
limitation  Ite  extended  to  January  1.  1SS5.  The  ccjninnttee  also 
favored  giving  j)ensions  to  disal  Icl  -oldiers  without  compelling 
them  to  [)r(ne  that  their  di^ahility  a  tuails  aro-e  from  service,  and 
als(j  to  the  widows  of  M'Idiers  rerar<ik'-s  of  whether  the  husband 
died  from  causes  <.f  service  origin.  Among  the  other  meas- 
ures adv<x-ated  were  the  increase  of  widf^ws"  {tensions  from  eight 
to  twelve  dollars  a  month,  an  increa'-e  in  the  additional  {)ension 
for  minor  children,  and  large  increa-es  for  certain  si>ecific  disa? 
hilities.  The  cc^nmiittee  op]«'ised  the  hills  "projxtsing  to  graist 
pensions  at  the  present  time  to  all  sur\ivors  of  the  war,  regan'- 
less  of  whether  they  were  woundtd  or  Itecame  disabled  in  the 
service  or  are  needy."  On  March  15,  Commander-in-Chief 
Beath,  in  general  orders,  commended  the  action  of  the  in-nsion 
committee  to  all  members  of  the  G.  A.  R.  and  asked  that  they 
urge  Senators  and  Representatives  to  adopt  in  bills  the  recom- 
mendations of  the  committee.' 

.\  disposition  to  do  something  for  the  ex-soldiers  was  shown 
by  the  passage  in  the  House  of  Representatives,  under  a  suspen- 


-fit 

i\ 


.^'1 


lOn  March  31.  I8>'-4,  the  G.  A.  K.  rep  rtul  4,3.'.?  [K.st>  and  233,595  mt-m- 
bers.  ]i\  Juno  30  va:n--  in  mtmlH  rsliip  made  tlie  intal  253.S95.  M  the  an- 
nual tnc.Tmpmciit  at  Minneap.ili-,  July  2i.  lfS4.  Commandcr-in-Cliief  Heath 
in  his  address  credited  the  Xaliona!  Trihuic  with  assisting  in  orRanizing  a 
larne  ntimlicr  (■{  new  posts.  It  was  the  only  soldiers'  paper  especially  men- 
tioned. He  cautii.ned  po^ts  ajiainst  hecoming  associated  with  any  political 
movement  and  sunyestcil  that  it  was  in  had  taste  to  wear  the  G.  .\.  R.  bad^e 
at  any  political  meetint;.  Me  reprimanded  a  larpe  number  of  post^  wbicli. 
instead  of  supportini;  the  actic^n  of  the  committee  on  pension*,  had  peti- 
tioned for  a  law  ^jrantin^:  all  survivors  of  the  Civil  War  who  served  sixty 
days  and  were  hoinTably  di-char>;ed  a  i)en-ii'n  of  ei(.'ht  dollars  a  month.  He 
charged  these  posts  witli  responsibility  f(ir  the  failure  of  legislation  to  in- 
crease the  pen-ion*  of  widows  and  minrr  children.  Ji'urr.al  of  tit.'  .Sth 
.V<i.'!oi!(j/  liiu.iinriiu-i.;.  C.  .1.  .'\'..  22.  34-.-S'. 


-t    I, 

i      If  I 
1      f*l 


I         l^j 


m 


I'X)  l-KOKRAI.  MIMTAin-  I'KNSIOXS  IN  '.HE  UNITKO  STATKS 

sioii  (.f  tlie  rules,  of  tlie  Warner  |H;iisi<jn  hill  on  April  Jl,  1884.' 
It  had  reference  to  the  many  thousands  of  claimants  who  were 
not  able  to  supply  record  or  oilur  evidence  sufirtcient  to  coin])Iete 
tile  legal  proof  that  their  disahilities  were  of  service  origin.  The 
rules  of  evidence  were  rela.xed  in  this  hill  fur  the  l)enetit  of  those 
whose  di.sabilities  were  "prohahly'"  of  service  origin.  However, 
clannants  who  should  apply  under  this  act  were  not  to  k-  entitled 
to  arrears.  Coniniissioner  Dudley  wrote  a  letter  favoring  the 
measure  as  "a  most  imi>ortant  step  in  the  right  direction."  His 
office  was  k-ing  made  the  target  of  adverse  criticism  because  of 
the  slowness  in  allowing  claims.-  The  rei)ly  had  been  made  that 
the  delay  was  due  to  the  fact  that  claimants  had  not  completed 
their  evidence.  There  was  prospect  under  the  Warner  bill  that 
a  large  numl)er  of  such  claims  could  be  allowed.  Hut  the  bill 
was  too  limited  in  its  scope  to  please  extreme  adv(x-ates  of  pen- 
sions. On  .\pril  24,  the  Xutioiial  Tribune  denoimced  it  as  a  sham 
and  said  that  the  C.  .\.  R.  committee  had  ken  disregarded. 

As  the  time  for  the  presidential  nominating  conventions  ai>- 
prnached,  the  Xatioiuil  Tribune  conducted  an  agitation  for  soldier 
candidates.  It  urged  the  soldiers  to  go  to  Chicago  and  see  that 
their  wishes  were  consulted  by  l)oth  political  conventions  Can- 
didates were  desired  "whose  f.delitv  to  the  sol.lier  is  hevond 
question."-^  The  results  of  the  Republican  cot.vcntion  earlv  in 
June  were  highly  satisfactory  to  the  Xatwnal  Tribune  Ixith  as  to 
the  ".sokliers-  ticket"  named,  P.laine  and  I.ogan.  and  as  to  the 
following  pensi.>n  plank  in  the  platform.* 

The  grateful  thanks  of  the  .\merican  ]n,op\e  are  due  to 
the  Lnion  soldiers  and  sailors  of  the  late  war,  and  the 
Ivepubhcan  party  stands  plcdge.l  to  suitable  pensions  for  all 

rari^4',^1^3m  '"'  '"""  '"  ^^  "'''■    ^'"""-  ''''''"'''■  ^^'^  ^' '"-■  '^^  ^"^^ 
^.'^ee  X.ili.nml  TrihuMc.  J:m\iry  Id.  17,  and  March  6   1884 
^  SCO   .y„/,„„.,/   7-r,7,HH.'    May  8,   1,S84.     The   issue  of   April    10  advocated 
Jen  A.  Logan  as  a  Mi.tahle  Ropnhlican  nominee  for  the  prcM.lenrv 
)88i"'ST"",'  "J  ""'  R^'l'"''"''^-''"  c-nvntion   in  .V<,/,-,.mi/   Tnbun-    Inn.-   12 
G    A    R  "■"''"'    '''''"    ""'■   "^    ""'    *""'•    commanders-in-chief' of    the 


riCXSIi  'XS   AM<    1-1)1. ITICS 


191 


who  were  disahk-il  ami  for  the  widows  aii'i  irphaii-v  uf  tho^^e 
wlio  (lied  in  the  war.  'I'lie  kcpiililicaii  paity  aUi>  plivli^es 
itself  to  the  repeal  of  the  limitation  contameil  in  ihe  arrears 
act  of  1879,  ><>  that  all  iiivali<l  soldier-  shall  -hare  alike, 
and  their  ])ensiotis  shall  \k-'^u\  with  the  date  of  di-al>ility 
or  discharjje.  ni>t  with  the  ilate  of  their  aiiplicaiioii. 

This  pledf^e  was  what  Senator  Iri,'alls  had  propn-ed  in  his 
1)111  then  pcndiiij;  in  the  Senate.  The  <i.  .\.  K.  coinniittee  in 
March  had  asked  only  that  the  arrears  limitation  he  e.\tended  lo 
January  1,  1885,  .\fter  the  Kcpiililican  convention,  "Senator 
Ingalls,  on  Jiuie  12,  1884,  ottered  his  arrears  hill  as  an  amend- 
inent  to  the  Mexican  War  [K-nsion  hill,  which  had  ])as-ed  the 
House  and  was  then  nnder  discussion  in  t'le  Senate.  After 
referring  to  the  censure  he  had  undergone  in  connection  with  the 
Arrears  Act  of  1879,  he  ^aid :' 

I  am  very  glad  that  at  last  the  party  to  which  I  have  the 
honor  to  l)elong  has  reached  the  platfonn  upon  which  1  was 
one  of  the  first  to  stand,  and  has  at  last  declared  itself  in 
unmistakahle  terms  in  favor  of  the  extension  of  the  prin- 
ciple recognized  in  the  act  oi  1879,  without  reference  to 
the  period  of  time  when  the  application  was  made.  The 
Republican  i)arty  is  distinctly  pledged  at  this  time,  when- 
ever the  opportunity  ot"fe;s.  to  remove  the  unjust  and  in- 
vidious limitation  in  that  act,  which  was  when  pro])osed  a 
compromise,  and  I  now  call  upon  my  party  asscxiates  t'j 
vindicate  that  act  and  to  carry  out  the  express  declaration 
and  intention  of  the  party  iti  its  late  convention.  .  .  . 
no  Senator  on  this  side  of  the  Chaniln-r  can  atTord,  at  this 
period  of  the  political  history  of  this  country,  after  nne 
Presidential  convention  has  l)een  held  an<l  whiV'  another  is 
shortlv  to  l)e  held,  to  he  "laced  in  a  |,")-;ti  •"  "f  ■  pposing 
legislation  that  is  legitimately  in  favor  of  the  -oldiers  of 
the  late  war  for  the  Union. 

In  reply  Senator  Sherman  said  ;■ 


^Cong.  Record.  48th  Cong..  1st  .<oss..  Part  5.  ?'W-5<)50. 

-Ibid.,  505<).  ;iowrvcr,  in  the  >i'intt-.  Jarr.ary  27,  l"^",  Sherinaii  -liil  that 
he  had  hccn  called  to  aoooimt  hv  liis  i-iin>titi:cm-  a;id  b.ad  ch'uiged  \\\<  views. 
Cong.   Record.  40th  Cong,    21  Sess.,  Part  2,  1070, 


t  , 

\    ,; 


f 


t" 


f  4 

'■I 

'"-  t' 

'.4        .1  i  I 


1'<J   IFDI.k.M.  MII.ITAK'V  I'KNSIONS  IN  THK  L'NITKD  STATFS 

With  my  present  convictions,  in  view  of  the  enormous 
(ieinaJids  made  upon  the  Treasury,  1  woulil  not  vote  ajid  will 
not  vote,  if  pressed,  for  the  aineiulment  moved  In  the  Sen- 
ator from  Kansas,  and  the  quotation  of  a  political  platform 
will  not  cl)aiij,'e  my  views. 

1  do  not  think  the  principle  is  rijjht.  1  think  a  iKfiision 
ought  t)  commence  when  the  application  is  filed.  Ihat  is 
the  true  principle,  and  I  shall  vote  for  that.  If  anvhcKly 
IS  dissati>lie(l  with  it.  I  uill  try  and  reason  with  him  and 
convince  him  that  1  am  rijj:ht,  but  if  not,  no  ditiference. 

Although  the  Ingalls  amendment  finally  came  to  a  vote  in 
modified  form,  e.xtending  the  arrears  limitation  only  to  October 
1,  1884,  it  was  defeated  by  yeas,  26,  and  nays,  39.  Sherman. 
Edmunds,  Ilawley.  Morrill  and  a  few  other  Republican  Senators 
refused  to  Ix;  Ixiund  by  the  i)arty  platform  to  a  supix.rt  of  even 
this  compromise  proposition.'  Naturally  the  Democrats  were  in 
the  negative.  The  force  of  jwlitical  exigencies  is  seen  in  the 
fact  that  so  many  Senators  were  found  voting  for  a  measure 
that  would  j)ossil)ly  cost  the  country  a  quarter  of  a  bilhon  dollars 
in  additional  arrears  payments.' 

.\fter  the  arrears  amend.nent  to  the  pending  Mexican  War 
pension  bill  had  l)een  defeated,  the  Senate  adtled  as  an  amend- 
ment a  Civil  War  pension  bill  which  liad  originallv  Ijeen  intro- 
duced by  Mr.  Cullom.'  Resides  increasing  the ' {tensions  of 
widows  and  minor  children,  this  amendment  granted  pension;* 
to  persons  who  served  three  months  in  the  Civil  War.  and  were 
dependent  upon  their  own  lalx.r  for  support,  for  disabilities  not 
of  service  origin.  Such  disabilities  might  not  l)e  the  result  of 
gross  carelessness,  disreputable  conduct  or  vicious  habits.  Such 
an  extension  of  the  Civil  War  i>ension  svstem  was  incomparablv 
more  miportant  than  the  original  Mexican  War  pension  bill.  In 
.general  character,  it  anticipated  the  Dei)endent  Pension  Bill 
which  President  Cleveland  vetoed  in  1887.  and  the  law  which 


^Cuny.  Record,  48tli  (oiiir..  1st  Scs<i,    P.nrt  6    ^483 
•Ibid.,  Part  5.  5J35. 

'By  yeas  .^1 ;  na.vs,  27.     II , J..  Tart  6,  5489.     Th-  full  text  of  the  amend- 
ment IS  prmted  m  the  Coiuinsswiinl  Record.  amend- 


f 


ri-NSIDNS   AND    F'OI.ITICS 


193 


f. 


r  idcnt  HarriMiii  approved  on  June  J",  18'X),  With  the  vari- 
ous ainendinfuts,  the  Mi  xiraii  War  bill  finally  passed  the  Senate 
on  [line  24,  1S84.'  i!;u  tht-  Democratic  .Mouse  and  the  Repub- 
hcan  Senate  could  lu.t  reach  an  agreement,  and  the  meastirc 
failed  to  Ijccome  law. 

Cominfj  U'tween  the  two  national  conventions,  the  debate  on 
the  bill  was  quite  partisan  in  character  and  revealed  how  larjje 
an  ini])ortance  the  pension  question  had  assumed  in  p<jlitics.  The 
day  before  the  bill  pa^seil  Senator  \'est  said  :' 

The  fibject  o '  the  Republican  party  now  in  this  Senate  is 
to  put  Democntc  Senators  in  such  a  position  bv  amend- 
ments to  this  bill  that  if  we  vote  against  it  on  accoi'mt  of  the 
amendnunts.  in  the  coming  canvass  we  shall  hear  that  we 
are  opposed  to  i)ensioninp  the  soldiers  of  the  l'ni<in. 

Earlier  in  the  debate  Senator  Slater  of  Oregon  had  said :' 

7  udacity  of  this  thing  is  the  onlv  argument  that  I 

can  s      m  favor  of  it.     It  is  a  {wlitica!  »1.ink  movement  by 
which  It  IS  e.\i)ecte(l  to  defeat  the  uni^  tor  a  reduc- 

tion of  ta.xation.     Pass  this  bill  and  vou  'k  in  vain 

a'mt  tariff  reform.  Before  the  first' vear  .,i  ,c  next  ad- 
ministration will  have  p,-  .ed  you  will  \>f  seeking  new  objects 
oi  taxation  and  new  means  of  revenue  to  fill  vour  (le])Ieted 
Treasury.  \  ou  will  l)e  unable  to  meet  the  expenses  of  the 
(.overnment  thus  increased  with  the  present  revenue  raised 
by  the  present  taxes;  you  will  find  no  place  where  vou  can 
put  your  finger  to  take  off  or  lighten  the  taxes  of  thJ  people 
As  I  say.  it  is  a  political  flank  movement  which  is  intended 
to  defeat  all  profwsitions  f,,r  the  reduction  >f  taxation  or 
[to]  bring  relief  to  the  tax-burdened  peonle     f  this  country 


'r.i.,7.  y?rM.rrf.  4Sth  ConK.,  ht  Sps';.,  Part  6,  :>S2').     The  vote  was  V  vr^. 
to  .'/  nayv     The   V.:,.  V.rk  Su„  of  June  26.  1884.  said      ••The  ace umul Jerf 

I     ,     ^.    r'-      '-™»^'-'-^'^    '*   consuiennK   with    feverish    earnestness   nroiects 
wh.ch.  ha<    ihey  not   re.ached  their  „re.ent  dimensions  by  insensible  Krad' 
t.ons,  would   he   rvi.,,rd,d  as  ,he  chimer,-,s  of   madmen  -        '"""""'*   ^rada- 


=  /hid..  Part  6.  S-4W. 
'  Ibid.,  Part  5.  5048. 


M\ 


'->''w^- 


194  ."KDKKAL  MILITAKV  I'KNSIDNS  IN  THE  UNITKD  STATES 

Unc  other  extract,  inm\  a  sjH^ch  l)y  Senator  SaulsUiry.  is 
worth  (|iiotiiij,'  for  its  >l.itcinent  of  the  part  played  l)y  the  claim 
agents  in  securinx  i>ension  legislation.'  Me  said  that  there  were 
olivioiis  reasons  why  it  was  useless  to  op|M)se  ineiuures  taking 
money  out  ni  the  i)ul)lic  Treasury  for  the  lienefif  of  soldiers: 

In  the  first  place,  tlie  soldiers  have  votes  and  we  are  all 
human  k-ings  and  controlled  somewhat  hy  motives  of  self- 
interest.  I  venture  the  as>ertion  here  that  if  the  soldiers 
had  no  votes  we  wnuld  have  no  such  bills  pending  l)efore  the 
.National  Legislature  as  the  Me.xican  [lensifMi  hill  or  the 
aiiienilment  offered  hv  the  Senator  from  Xehra.^ka  I  the 
Cullom  hill], 

in  the  econd  place,  we  flatter  ourselves  that  we  are  great 
men.  We  are  the  Senators  of  the  United  States  who  make 
laws  for  the  jwople;  liut  k'hind  us  there  is  another  power 
greater  than  ourselves  controlling  our  action  if  not  our  judg- 
ment. The  iiension  agents  who  sit  around  this  Capitol  issue 
their  circulars  and  decrees,  and  jietitions  come  up  for  |>en- 
sions,  and  the  Senators  of  the  United  States,  great  and 
mighty  as  they  may  \k.  Ixiw  to  the  khcsts  of  the  i>ensioii 
agents  and  vote  the  money  that  they  require,  and  thev  are 
afraid  not  to  do  it  for  fear  that  they  would  lose  [wlitical 
status  at  home.     We  all  know  it,  and  th  •  countrv  knows  it. 

[The  iiension  agents],  hoping  to  make  a  fee  for  them- 
.selves,  send  out  their  circulars  and  get  up  a  clamor  in  favor 
of  jK-nsions.  and  if  that  will  not  answer  thev  send  out  their 
instructions  to  have  State  legislatures  instruct  their  Sen- 
ators and  Representatives  to  vote  for  every  character  of 
pension  hills.  .  .  .  I  do  lielieve  in  instructions  when  the 
Legislature  fully  understand  what  they  are  <loiiig;  Init  in 
this  case  they  could  not  have  understood  it.  k'cause  the  bill 
'as  not  formed,  and  they  knew  nothing  of  its  details.  Be- 
sides that,  the  instructions  that  have  l>een  sent  from  several 
States  to  Representatives  ui)on  this  floor  were  inspired,  I 
have  no  doubt,  from  this  city,  in  order  to  influence  the  ac- 
tion of  gentlemen  who  would  not  otherwise  have  voted  for 
the  hill. 


>C(;>i./.  A',i-"-i/.  48th  Cohr.,  1st  Scss.,  Part  5.  5045,  5046. 


u 


I'KN.SIoNS   AM)   I'OI.rrKS 


195 


CiHilirniation  ul  Senatur  Saulslmn \  >tatcmcms  is  louml  in 
Mr.  Ixiiion's  tfstimoiiy  Infoic  the  linii^e  iiive>ti>,'atiii}{  coni- 
mitttc  in  January,  1)SM5.'  He  said  that  lie  had  sent  out  15.U)0 
or  _'(t.(K)<)  jK-titiiMis  to  \k  sijriicd  in  favor  oi  the  Mexican  War 
IK-nsioM  l)ill.  These  petitions  came  back  to  him  and  were  then 
referred  to  niemlwrs  of  Omrjress.  W  hile  the  Mexican  War  bill 
(witli  the  Culloni  bill  as  an  amendment),  was  before  the  Senate, 
the  .\ati(»Ml  Tribune  was  earnestly  supjJortMij;  it.  When  it 
failed,  Mr.  Lemon's  paper  advised  its  readers  editorially  on  July 
10.  1884:  "I.ct  no  soldier  forjjet  I  uit  this  bill  was  iiassed  by  a 
ke|>iib!ican  majority  in  the  Senate,  and  met  its  death  at  the  hands 
of  a  Democratic  majority  in  the  House." 

In  the  contest  for  the  soldier  vote,  the  action  of  the  Demo 
cratic  convention  a.t  Chicago  in  July  next  Ijecanic  of  imix.rtance. 
On  the  subject  of  i)ensiuns,  the  platform  did  not  commit  the 
party  to  any  of  the  measures  then  |>en(iinj,'.  liut  it  advocated 
the  use  of  the  internal  revenue  taxes,  .so  lonj;  as  continued,  to 
create  a  fund  out  of  which  "to  defray  the  e.\i>enses  of  the  care 
and  comfort  of  worthy  soldiers  di.sabled  in  the  line  of  dutv  in 
the  wars  of  the  republic"  and  fi>r  such  |K'nsions  as  Conjjress 
mi<,dit  from  time  to  time  srant  to  such  soldier...  The  idea  of  the 
framers  of  the  plank  seems  to  have  Iwen  that  the  iiitenial  reve- 
nue taxes  were  war  ta.xes.  and  that  it  would  be  e.|K-cially  appro- 
priate to  devote  them  to  this  military  purixjse.  The  Xatioiial 
Tribune  and  other  leaders  of  the  pension  movement  had  opixxsed 
the  rei)eal  i>r  reduction  of  the  intenial  revenue  taxes  as  lessening 
the  funds  available  for  tensions,  and  the  Democratic  platform 
proposal  w;.s  doubtless  drafted  with  their  attitude  in  mind.- 


'••:1I 


•it' 


'  IliHiSi-  Nfforls.  -JSth  Cong.,  2(i  Scs.s.,  Report  N  >.  2«>Si.  17. 

-'The  Xntioiitil  'I'rihiiiu-  reptatodiv  fouvlit  llic  ndiictioii  of  imorn.Tl  revenue 
or  t;<riff  taxes.  It  said  on  March  S,  188.?:  "The  fact  remains  that  l,v  the 
passaK'e  of  the  t.iriff  bill  Congress  has  very  materially  reduced  the  revenues 
of  the  Government,  and  to  that  extent  impaired  the  chance>  of  a  fuIK  r  recog- 
nition of  the  soldiers'  claims  hy  its  ;■  cessot.  The  exact  extent  of  the  mis- 
chief which  has  liecn  done  can  not  a  yet  be  accurately  eslimaled."  (Jn  sim- 
ilar grounds,  it  vigorously  opposed  le  re'ieal  or  reduction  of  the  internal 
revenue  taxes  in  editorials  on  January  4,  1883;  Tebruary  15.  188,1;  March  8. 
1883.  It  urged  the  cx-soldicr^  to  write  to  their  representatives  in  Congress 
against  any  modification  of  the  internal  revenue  system,  and  said   (March  8, 


'    1  L 

m 

i.  -f* 

^^H 

?:•? 

I 

1 

■ 

.r---<?:eEJt 


196  FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

As  the  soldiers'  paper  with  the  largest  circulation,  the  National 
Tribune  was  favorable  in  1884  to  the  Republican  candidates 
without  making  an  open  campaign.  It  pronounced  the  Republi- 
can pledge  of  a  repeal  of  the  arrears  limitation  more  satisfac- 
tory to  the  soldiers  than  the  Democratic  suggestion  that  the  in- 
ternal revenue  receipts  be  segregated  to  create  a  pension  fund. 
The  •'soldiers'  ticket,"  Blaine  and  I^>gan.  was  preferred  to  the 
ticket  with  "not  a  soldier  on  it."  Cleveland  and  Hendricks.' 
Probably  a  prudent  regard  for  the  uncertainties  of  politics  and 
a  desire  to  keep  the  pension  movement  in  favor  whichever  party 
won  kept  Mr.  Lemon's  organ  from  aggressive  partisanship  at 
that  time.-'  However,  the  records  of  members  of  Congress  on 
I)ension  bills  were  jmblished  during  the  campaign,  and  the  vet- 
erans in  both  parties  were  urged  to  demand  nominees  pledged  to 
their  interests.'  At  the  close  of  the  campaign  on  November  6, 
1884.  the  \ational  Tribune  said : 

^  The  matter  of  justice  to  soldiers  has  entered  into  every 
Congressional  canvass  north  of  the  Potomac  and  Ohio. 
Every  candidate  for  Congress  has  Ijeen  made  to  feel  that 
proper  treatment  of  the  N'ation's  defenders  was  one  of  the 
first  of  his  duties  if  elected  This  splendid  result  has  been 
secured  i)y  the  agitation  in  which  the  National  Tribune  has 
taken  a  leading  and  determined  j>art,  and  bv  the  increase  in 
nunil^rs  and  influence  of  the  d.  A.  R. 


ISf',?)  that,  while  ;i  rt-iluctin,i  h.ul  he<-ii  m,i(1e.  tlu-v  had  carried  their  main 
point  anainst  the  nhohlinn  nf  the  system.  The  \,~{,-  York  Suit  said.  January 
24,  188-J:  "Tlie  war  claim  a.irents  now  siil'=t;,nliallv  control  the  finances  of 
the  country  thrcai^h  the  IcRislation  relating  to  them.  Tiuv  have  concocted 
the  schemes,  and  tlien  drummed  up  the  support  for  them. 'which  have  kept 
the  internal  revenue  system  alive  until  now.  Thev  propose  to  perpetuate 
tin-  system,  snkly  tluit  tlierc  m.iy  lie  surplii'^  enoufih' in  the  Treasury  for  the 
prodigious  joh  of  war  claim  plimdrr  which  thev  <rc  ahead."  (Last  par.-'i;raph 
from  :,n  editorial  entitled    '\  Mighty   Scheme' of   Sp<iIiation."  i 

'  Wilional  Tribune.  July  17,  1884. 

-Mr.  Lemon's  friend  and  employe.  Past  Commaniler-in-Chief  Paul  Van 
Dcrvoort  of  the  ('..  .•\.  R..  campaigned  for  Blaine  and  Logan  in  18,><4.  The 
.\ ■1/1.01,1/  'fnbuiii-  was  also  engaged  in  selling  a  "Life  of  Logan"'  during  the 
campaign. 

'  The  Xal::iiiiil  Tnbuiw  oi  Tune  19.  1884,  had  noted  the  nomination  for 
Congrevv  !,y  the  Repnhlicans  in  Ohio  of  Gen.  Charles  H.  Grosvenor  of  the 
Cnmmittce  on  Pensions  of  the  Grand  .Army  of  the  Repuhlic.  It  expressed 
the  li"iie  that  many  mc^re  such  nominations  vvcjuld  1k'  made. 


■i 


m 


PEXSIOXS  AXD  POLITICS 


197 


?, ,' 


\\  lit'ii  tlie  48th  C()ii.t;ri'ss  met  for  its  seccjnd  session  in  Decem- 
I)er,  1884.  the  political  atmosphere  was  decidedly  less  favorable 
to  new  and  pcndins,'  pension  projects  than  at  the  previous  session. 
Ali'ion.ijh  the  efforts  of  the  claim  a}i;ents  had  resulted  in  a  lar/je 
nnm!)er  of  petitions  heinj^  sent  to  the  House  for  the  passage  of 
the  Mexican  War  pension  hill  with  the  Senate's  Civil  War  amend- 
ineius.  the  House  refused  t(j  concur  in  the  Senate  amendments 
when  a  motion  was  made  to  suspend  the  rules  for  that  purpose.' 
The  Senate  also  exhiiited  a  more  moderate  attitude  in  pension 
matters,  and  Senator  Injjalls  found  little  supj^rt  in  a  perfunc- 
tory attempt  to  have  the  Committee  on  Pensions  discharj^ed  from 
the  consideration  of  jiis  hill  removinj^  the  arrears  limitation." 

Committees  of  the  Democratic  House  lost  little  time  in  hej^in- 
niiif,'  investi^^ations  of  the  activities  of  Commissioner  of  Pensions 
Dudley  and  other  officers  of  the  i'ension  iu'reau  in  connection 
with  the  ()cto!)er  election  in  Ohio  and  the  Xovetnl)er  election 
in  Indiana.'  I'.efore  the  elections  Commissioner  Dudley  re- 
sif,Mied  to  take  etTect  Xoveml)er  10,  1884,  and.  in  the  meantime, 
secured  leave  of  absence  from  his  duties  at  Wa.shinsrton.  In 
October  he  was  at  Columbus  manajjinj;  the  Republican  campaign 
in  Ohio.  Later  he  went  to  Indiana  and  engaged  in  the  canvass 
of  that  state  for  the  Xovember  elections.'  Mr.  K.  G.  Rathlwne, 
chief  t)f  the  -[K-cial  examiners'  division  of  the  Pension  Bureau, 
was  also  in  l)oth  of  these  states  engaged  in  similar  work.  Over 
KX)  .special  examiners  of  the  P.ureau  were  in  Ohio  during  Octo- 
ber, .some  on  regular  duty  and  others  on  leave  of  absence.  Prac- 
tically all  were  Republicans.  The  normal  numlK-r  of  .special 
examiners  employed  in  Ohio  was  a  little  over  sixty.  It  was 
charged  by  the  Democrats  that  these  special  examiners  were  sent 


I 


m 


'  Cong,   h'c.irj.  .JSlli  Cong.,  .d   .^css.,   I'.-irt    I,  4.iO. 

=  Sfiiaidr  Iiigalls  iii;i(Io  tlio  iiioiioii  on  Jamuirv  0,  1885.  a  week  before  the 
tiKi'tiiiK  ot  the  Kans.is  lesi-latiire  wliich  reelected  him. 

■' //.  .uc  h'.-forts.  4Rth  Coiir..  .M  Ses^.,  N'os.  2(v^l  and  2683. 

<Mr.  niulley  is  the  same  person  wlio  Rameii  considerable  notoriety  in  the 
campaign  oi  1888  in  cmiiection  wu'',  a  letter  he  is  said  to  have  written  to 
party  lea<lers  in  Indi^iiKi,  insirnciini;  tiutii  t,.-  -Uivide  the  Heaters  into  blr;.-ks 
of  hve."     .Vi-U'  i'ork   Ttnus,  (Ictubcr  jl.   18.S-^. 


iijj 


:,jri\  '.'»f^'  'V--    .'''=C» 


»■  —  -f-    ■  -,i 


198  FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

into  close  Congressional  districts  and  that  they  gave  pension 
claimants  to  understand  that  it  would  l)e  to  their  advantage  to 
vote  the  Republican  ticket.  Commissioner  Dudley  used  several 
of  the  employes  of  the  Bureau  as  personal  assistants.  In  one 
Indiana  case  it  appeared  that  the  Republican  candidate  received 
unusual  favors  from  the  Pension  Bureau  in  the  matter  of  ex- 
pediting pension  cases  to  aid  his  canijjaign  against  the  sitting 
Democratic  memi)er.  While  this  political  work  was  going  on, 
the  special  examiners'  division  at  Washington  became  demor- 
alized.' Leading  newspapers  and  the  civil  service  reformers 
protested  vigorously  against  these  political  activities  of  officers 
in  the  pay  of  the  federal  government.^  When  ')ud!ey  retired 
from  the  Pension  Office,  he  was  succeeded  for  ;  -ew  months  by 
O.  P.  G.  Clarke  who  had  l)een  Deputy  Commissioner.^  In  March, 
1885.  President  Cleveland  appointed  John  C.  Black  of  Illinois 
Commissioner  of  Pensions. 

Under  the  new  Commissioner  of  Pensions  there  was  a  con- 
siderable reorganization  of  the  Pension  Bureau  and  particularly 
of  the  special  examiners'  service.  In  his  rci>ort  for  188.S.  Com- 
missioner P.iack  said  that  the  Pension  Bureau  had  l)een  "all  but 
avowedly  a  ix)Iitical  machine,  filled  from  l)order  to  Ixirder  with 
the  uncompromising  adherents  of  a  single  organization. 


'The  mycstisation  of  the  conduct  of  Pension  Office  officials  in  connection 
with  the  elections  in  Ohio  .nnd  Indiana  was  conducted  by  the  House  Select 
Committee  on  Payment  of  Pensions.  Rounty,  and  Back  Pay.  The  testimony 
15  found  in  Part  2  of  House  Rcfort  2f«.  48th  Cong.,  2d.  Sess. 

-The  .y,-a.  York  Times  said.  October  20.  1884:  "The  prostitution  of  the 
power  ot  the  Pension  Bureau  to  base  partisan  uses  in  Ohio  is  one  of  the 
most  contemptible  tricks  to  which  the  Ulaine  men  have  resorted  It 

is  estimated  by  careful  observers  that  several  thousand  votes  were  influenced 
by  promises  to  pension  claimants  of  that  'favoritism'  in  which  Mr  Hiaine  is 
a  confessed  trafficker."  The  same  paper  said  on  October  21:  "The  -special 
agents  of  the  Pension  liureau  wh-j  bou«ht  votes  for  the  Republican  ticket  in 
Ohio  l^v  asMiriUK  pension  claimants  that,  in  return  for  their  political  sup- 
port, their  claims  would  be  advanced  on  the  list  and  adjusted  at  an  early 
date  are  now  at  work  m  Indiana."  These  charges  were  denied  by  the  officials 
concerned. 

'For  a  more  detailed  account  of  Commissioner  Dudley's  political  activities 
in  Ohio  and  Indiana  in  1884.  sec  pages  10.=:  to  IKS  of  a  recently  published 
mono^'raph  by  Dr.  J.,hn  W.  Oliver,  entitled  IHstorv  of  'he  Cizil  ll'ar  \tili- 
(Jry  /'i-H.w<iii.t.  ;,\oj--/W;^.     (  Madison,  Wis.,  1<*I7.  ) 


PENSIONS  AND  POLITICS 


199 


The  enorniou-s  array  of  ihc  medical  Iwards  established  in  every 
quarter  was  almost  stilid'y  i)ariisan ;  made  so  not  openly  but 
surely.  People  of  one  faith  filled  every  one  of  the  great  agencies. 
Examiners,  trained  in  unscrupulous  schools,  traversed  the  land 
as  recruiting  sergeants  for  a  party  ...  a  tide  (jf  men  and 
money  was  poured  by  this  office  into  the  sections  where  political 
struggle  was  progressing."  The  Commissioner  said  that  his 
intention  was  to  have  all  parties  represented  among  the  em- 
ployes and  to  put  the  Bureau  on  a  business  basis. 

-Another  abuse  mentioned  was  that  employes  had  Iteen  ap- 
pointed in  the  I'ension  Bureau  through  the  influence  of  outside 
parties,  and  afterwards  had  acted  as  agents  tt»  aid  in  the  prepara- 
tion of  cases  which  the  outside  parties  were  prosecuting.  One 
clerk  had  confessed  to  the  Commissioner  that  he  acted  as  agent 
"■  >r  one  man  in  aiding  to  prepare  from  300  to  400  cases.' 

Jommissioner  Black  was  a  Union  veteran  and  disposed  to 
administer  the  pension  laws  in  a  lil)eral  spirit.  He  even  went  so 
far  a^  advocate  strongly  in  his  first  report  a  repeal  of  the 
arrear.-  .imitation  in  the  act  of  1879.  thus  supporting  a  pro- 
posal whose  i)rincii«il  sponsors  up  to  that  time  had  l>een  Repub- 
licans. 

A  bill  to  rei>eal  the  arrears  limitation  was  introduced  into  the 
House  in  December,  1885,  and  reported  favorably  by  the  Com- 
mittee on  Invalid  Pensions  in  March,  1886.-'  The  Committee, 
however,  adtled  an  amendment  establishing  January  1,  1888,  as 
a  new  date  of  limitation.  In  connection  with  this  bill  General 
Black  reported  that  the  tnta!  amount  paid  for  arrears  under  the 
act  of  1879  up  to  June  30,  1885,  was  $170,400,000.  He  thought 
that  the  total  expenditure  fo--  arrears  under  the  act  of  1879 
would  reach  S2r)0.000.(T00.    .\s  to  the  cost  of  a  new  law  repeal- 


i 

i, 


k 

IF 


:jt 


»  House  Ex.  Doc.  49th  Cong.,  l.n  Scs.^.,  Doc.  1.  P.irt  5.  Retort  of  the  Com- 
nussioiu-r  of  I'ntsio„s.  110-111. 

"'  Houso  Rcforts.  4qth  Cong.,  ^t  .Scf=..  No.  78.V  Indiulos  quotation  from 
OctuT.-il  [Slack's  letter  anc,  a  report  of  his  appearance  before  !he  House  Com- 
mittee. 


.     J,  I 


>\ 


'^^^■.^. "^sm'M  -'-jj^. 


m 


•jMi 


200  FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

iiiR  the  arrears  limitation,  he  was  not  very  definite.  He  at  first 
placed  it  at  $3O3,0l)O,(XX),  and  later  said  that  he  had  discovered 
an  error  which  made  $222,000,000  an  outside  estimate.  The 
Committee  on  Invalid  Tensions  estimated  $150,000,000.  .\s  a 
matter  of  fact,  estimating  was  largely  a  matter  of  speculating 
upon  how  many  new  applications  would  come  in,  and  what  per- 
centage would  Ije  allowed  of  the  claims  <in  file  and  which  should 
he  made  in  the  future,  and  at  what  rates  they  would  Ix;  allowed. 
The  hill  to  re])eal  the  arrears  limitation  made  no  progress.  When 
the  Rqiuhlicans  were  again  in  power  in  18Q0.  an  official  esti- 
mate was  made  that  the  cost  of  a  repeal  of  the  arrears  linu'ta- 
tion  would  he  S471 ,000,(XX).'  The  ple<lge  in  the  i)arty  platform 
of  1884  was  never  redeemed. 

However,  there  was  a  p'  '-al  repeal  of  the  arrears  limitation 
in  favor  of  widow  pensioi.eis  and  claimants  by  the  following 
provision  in  the  i)ension  app;o])riation  act  of  fune  7,  1888:'-' 

Tliat  all  iK'nsions  which  have  l)ecn,  or  which  mav  here- 
after he.  granted  under  the  general  laws  regulating  pensions 
to  widows  in  consecpience  of  death  occurring  from  a  cause 
which  originated  in  the  service  since  the  fourth  day  of 
Ma.Ji.  eighteen  hundred  and  sixty-one.  shall  commence 
from  the  date  of  death  of  the  hushand. 

This  provision  was  a  Senate  amendment  estimated  to  cost  alwut 
$1,500,000  up  to  June  30,  1889,  and  an  indefinite  annual  amount 
thereafter."  In  so  far  as  it  applied  to  widows'  jx'nsions  in  the 
future,  the  act  did  not  seem  likely  to  be  very  costly  in  the  ma- 
jority or  cases.  It  was  tiiought  that  most  widows  would,  in  any 
case,  apply  within  a  year  of  the  date  of  death  of  the  hu.shand. 
and  the  rirrcars  from  the  date  of  application  back  to  the  date  of 
death  would  be  moderate  in  amount.  The  unconsidered  aspect 
of   the  (jiiestion   was   the  existence  of    vidows   who  had   never 

'6<'»ij/>'  A',-/'.>r/.f.  51.st  Con^..  1st  Scss.,  No.  989,  _'5-2o. 
■('.  S.  Sliitutrs  nt  Large,  x.w.  173. 

^ScHitc  K.frts.  5()tli  Con^r.,  \>\  Scss..  No.  1_'83.     Also  C.'iui.  RccnrJ   SOtli 
Lnng.,  1st  Sc-s..  415!  4159.  4161,  4300,  4308. 


Hf 


ARREARS   I.KGISLATION 


201 


applied  fi>r  a  |K-iision,  a!tli(iiij,di  the  nidier  luisliaiuls  had  died 
s(X)n  after  the  war.  Many  such  widows  liad  reiiiairied  witlioiit 
ever  liaviiijj  received  a  pension,  i  utninissiuner  I'Aans,  in  his 
report  for  18W,  pointed  out  tliat  the  act  of  1888  was  subject  to 
ahuse  in  enahhuf;  such  remarried  widows  to  collect  lar<:;e  sums 
of  arrears,  freciuently  to  the  U'nefit  of  the  second  husband  who 
never  had  connection  with  the  United  States  militarv  service. 

In  his  reiK)rt  for  18'>8.  t'ommis^iimer  I'.vans  .t^avc  the  follow- 
inj^  illustration  of  the  operation  of  the  act  of  1888  in  the  case  of 
the  widow  of  a  cajnaiii  of  volunteer  infantrv: 

In  1871  thi>  captain  died.  He  was  not  a  pensioner,  and 
never  had  filed  a  claim  for  i>en-ion.  His  widow  remained 
a  v.id'uv  initil  .March  M).  1887,  v. hen  she  remarried,  havinjj 
filed  no  claim,  and.  havins;  remarried,  had  no  jjensionable 
status.  In  1893,  five  years  after  the  act  of  June  7,  1888, 
had  passed,  six  years  after  her  remarria.ije.  and  twentv-two 
years  after  the  death  of  her  soldier  husband,  she  files  her 
claim  for  jiension  as  a  widow,  from  the  date  of  the  death 
of  her  soldier  husband,  in  1871.  to  the  date  of  her  remar- 
riapfe  in  1887 — si.xteen  years— and  ^ets  nearly  $4.<K)i>,  prac- 
tically for  the  use  and  l)cnefit  of  the  second  husband. 

The  increase  of  widows'  claims  immediately  following  the  act 
of  1888  was  not  alanningly  great.'  Rut.  in  the  long  run.  the  act 
was  a  weak  i>oint  in  the  i)ension  system,  where  the  possibility 
of  gaining  thousands  of  dollars  of  arrears  was  a  strong  tempta- 
tion to  the  unstrupulous  to  commit  fraud.  Commissioner  Evans 
said  in  1890  of  the  methods  which  had  been  used:' 

The  records  of  national  cemeteries  have  l>een  brought  into 
u^e  for  the  purpose  of  deternn'ning  the  names  and  service 
of  those  Iniried  there.  Women  are  then  hunted  up  who  are 
induced  to  execute  applications  for  pension  on  account  of 

'  Tlic  niinil.t-r  of  ,irii;iti;il  Civil  Wnr  widows'  cl.iini^  (.irmv  .-mH  navyl  filed 
in  each  of  tlie  followini;  ye.Tr>  wn^  ,i^  foll.nvs:  18,%.  l.V.S'O.i :  \f>^7  'if)^'):;- 
1888,  19.r,i;.i;  1SX9.  .'4,170;  18>)0.  J9.153:  1891,  18,111;  IgO.',  16.169;  189,1  IZ.m 

-  .'^ee  i).i,ue<  21  ami  .'.'  in  ii.iniplilct  Rrt.'rt  of  the  C.'mmissioncr  of  Pcnuons 
for  1899. 


A 


A  1 


^ 


11;  I 


?-  -ifl 


iti 


^EwT^S^ 


w^nT- 


ii^-'^^im:iiM 


ik^i 


202  FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

the  service  and  death  of  these  soldiers.  These  women  be- 
come pliant  tixjls  in  the  hands  of  the  ojierators.  A  pruna 
facie  case  is  made  out  by  means  of  "stock  witnesses,"  and 
the  orijjinator  of  the  fraud  jKjckets  the  amount  of  the  first 
payment,  leaving  the  fraudulent  claimant  to  reap  the  liene- 
fits  of  the  future  payments.  Cireat  ilifficulty  is  often  ex- 
perienced by  this  Bureau  in  disproving  a  marriage  or  mar- 
riage relations  allegetl  to  have  occurred  thirty  or  forty  years 
ago. 

This  law,  like  the  original  .\rrears  .\ct,  put  a  premium  on 
crime,  and,  under  the  c.v  parte  system  uf  adjudicating  claims, 
the  L^overnment  did  not  have  adec(uate  means  i>f  protecting  itself. 
\\  hile  occasionally  the  fraudulent  nature  of  claims  was  dis- 
covered, there  is  no  doubt  that  many  improper  claims  succeeded 
and  that  the  Treasury  sutifered  considerable  losses  thereby. 

Though  the  entire  removal  of  the  limitation  on  the  payment 
of  arrears  long  remained  an  object  of  desire  on  the  part  of  many 
of  the  ex-soldiers,  in  the  late  eighties  sweeping  i)eiision  proposals 
of  another  nature  were  put  forward.  IJy  reason  of  their  adop- 
tion and  e.xecution,  so  much  money  was  required  as  to  make  the 
removal  of  the  arrears  limitation  out  of  the  question. 

The  Pension  Bureau  has  furnished  no  systematic  statement  of 
the  amount  of  arrears  paid  out  under  the  act  of  IS?*^  and  amen- 
datory legislation.  However,  the  following  table  shows  the 
relative  amounts  disbur.sed  for  first  and  subsequent  pension  pay- 
ments for  the  vears  named :' 


'From  Statistical  .-Ih.ttract  of  the  I'nit.d  State.'!  for  1899,  422.  The  total 
<lisl)iirscmi-nts  differ  slightly  frnm  rtvisefl  fisiircs  given  in  recent  reports  of 
the  Cummis^icrner  uf  Pensinns. 


#ai'- -■Taa.-j--i"  ■^JiMj -^■-   v\i'sit»ti<>«:-..: 


-•  ■.■■  il- : 


ARREARS  LEGISLATION 


Year  Eniling 
June  .^0 


I-irst  Payments 


Pensions  Exclusive 
of  I'lrst  Payments 


203 


Total 
Disbursements 


I  Pollais  i  n,'ll,irs  I  Dollars 

1877 '■          3.2M.'>37.\2        '  24.W7,746J6  I  28,580,157.04 

1878 2,W-'J52.17  2.i.5.W,4.W.93  I  26,844.415.18 

1879 5.7fA758.(iO  27,725,97<?.%  I  .«,780,526.19 

IK-:*! 12.4t.H,191.20  44.558,802.92  i  57.240.540.14 

1881 i    2.1()2H,17«).(>1  20,458,498.14  i  .50.626.538.51 

18K2 26.421. 'K/i  19  27,408,.V)(),O5  S4.2<>6.280.S4 

1883 29.9()(>.7,53,94  29,91.^.480.89  i  (i0.43 1,9-2.85 

1884 I    2.M13.815.1()  .U682.126.58  i  57.273,5.Vj.74 

1885 27.115.912.21  37,817.375.91  |  65,693,7(V).72 

1886 22.1.W».54.16  41,621,591.49  |  64,.584,270.4S 

1887 25,l(.'),'19<l.()«j  48,.KXt,591.81  l  74.815,486.85 

1888 22  2<W,(i05.46  56,568,841.28  |  79,()46, 146.37 

1889 21.442„M9.13  (j6,.8,U764.15  ,  89,131,9t)8.44 

18<>:  ,?8,721,8()0.03  (/..8(i»i,314.3S  l(te,49.l89().19 

1891  .?8,o52,274.31  78,326,8<(8.41  i  118,548,9.50.71 

1892  .  45  114.167  (>•<  94,045,188.71  141,08f),948.84 

18t)3       .y,7.56,.S49..'i8  122,983,'il7.7()  I        158,155,.342.51 

lfif)A  11,917,3.=;9..58  127.887,101.47  '       140.772,163.78 

1895  ...           11.451.1.33.01  128.356.2(^.29  I        140.959,.^61. 37 

]m,  112.89.278.48  126.925,4ai46  139.280,078.15 

1897        12,575.(101.40  127,374.115.95         j       l.W,949,717.,T5 

1898  1S.542."14  03  129.108.965.77         j       144,651.879.80 
18V9 9,247,957.75  129,107,m5.20         '       138,355.052.95 

The  table  .'^hows  the  remarkable  increase  in  the  atiinunts  of 
fir.-^t  payments  in  the  ten  years  following  the  passage  of  the 
Arrears  Act.  Such  payments  were  very  largely  arrears  under 
the  act  of  1879.  In  188tt  there  was  an  miusually  large  expen- 
diture for  pensions  exclusive  of  first  payments.  This  was  doubt- 
less due  to  the  paymeiu  of  arrears  to  pensioners  already  on  the 
rolls,  in  which  case  the  arrears  would  not  l^e  firji  payments. 
.Another  element  api>earing  in  first  payments  is  l)ack  pension  to 
cover  the  period — often  several  years — l)etween  the  time  of  filing 
the  ai)plicati.>n  for  a  pension  and  the  date  when  the  claim  is 
finally  allowed  by  the  Pension  Bureau.  This  element  is  an  im- 
portant part  of  the  first  payments  after  the  passage  of  the  act 
of  Tune  27.  1890,  The  first  payments  in  1892  were  the  largest 
in  the  history  of  the  Pension  Bureau.  The  Arrears  Act  was 
also  a  powerful  stimulus  to  the  building  up  of  the  permanent 
pension  list,  aahough  many  of  the  original  claims  filed  before 
the  arrears  limitation  expired  ere  not  favorably  passed  upon 
bv  the  Pension  Bureau  for  manv  vears  after  1879. 


ill 


•■  '?  i 


i^.i 


fismf^x^S' 


CHAPTER  III 

Civil  War  Pensions — The  Act  of  June  27,   1890,  and  Service- 
Pensions — Pensions  and  Politics 


From  I80I  duwn  to  June  M),  1885,  555,038  jK-nsion  claims 
were  filed  allej;inf;  the  existence  of  disaMlities  of  service  origin, 
and  3C).2U4  of  tlie.-<e  claims  were  allowed  under  the  provisions 
of  the  {general  ix'iisioii  law.  Likewise  335,296  claims  of  widows, 
minor  children,  or  deix-ndeiit  relatives  were  filed  during  the  sanio 
jjeriod,  alleging  death  of  the  soldiers  to  have  been  due  to  causes 
originating  in  the  military  service.  Of  these  clainas  on  behalf 
of  widows  and  other  relatives,  220,825  were  allowed.'  Thus  at 
the  close  of  the  tiscal  year  1885  there  were  254,834  invalid  claims 
and  114.471  claims  of  v.idows  and  relatives,  which  had  not  been 
acted  Oil  favorablv'.  Some  were  pending;  some  had  Ijeen  re- 
jected but  might  Ije  reopened  on  the  discovery  of  necessary 
evidence. 

The  great  obstacle  to  i)assing  favorably  on  these  hundreds  of 
thousands  of  claims  was  the  requirement  of  the  jiension  la"'  that 
priKif  must  be  made  that  disability  and  death  were  due  to  military 
service.  In  some  meritorious  cases,  the  lapse  of  years  since  the 
war  and  the  absence  of  record  evidence  made  it  difficult  or  im- 
possible to  com])ly  with  the  requirements  of  the  law.  In  many 
other  cases,  it  was  improbable  that  the  soldier's  disability  or 
death  had  any  relation  to  militaiy  service.  These  ci^nditions 
brougiit  on  a  movement  for  the  introduction  of  a  new  princiijle 
ir.to  Civil  \\  ar  |)ensiiin  legislation — that  of  granting  pensions  to 
persons  who  had  performed  a  certain  ])eri(Ki  of  military  service, 
provided  they  .suffered  from  disabilities,  but  res'^ardless  of  the 
origin  of  such  disabilities.  In  some  of  the  bills  proposed,  the 
grant  of  a  pension  was      mditioned  ujwn  the  claimant  Ix-ing  de- 


'  R,-ti>ri  ,■/  thf  C'lmmisnioncr  ,<t  Pcnsiins  for  1883.     Hoiisi-  l:x.  Pd-    Vhh 
Consr..  1st  Scs-..  Doc,  I,  Part  5,  KX). 


,..^: ..  •■'^  ^^f''--'yy^y^™fii''MfMiiir/-y^,  *'1^amxvJmnB^^  i^n/^^m^-'^w^m^^rs-'i'--^^^i^'r-'- 1?^-'-^' 


CIVIL  WAR  SERVICE-PENSIONS 


205 


pendent  upon  his  daily  labor,  or  upon  the  contributions  of  others, 
for  his  supiwrt.  Tlie  movement  also  had  in  view  the  pensioning 
of  widows  of  soldiers  wlu>  served  the  re(|uired  period,  without 
regard  to  the  cause  of  the  soldier's  deaUi.  Measures  put  forward 
to  carrv  out  these  plans  were  known  as  "dejiendtnt"  or  "dis- 
ability" jjension  bills. 

Contemporaneously  with  the  aln.ve  nv.veiiient.  there  was  a 
widespread  agitation  on  the  part  of  ex-soldiers  and  G.  A.  R.  [x)sts 
for  universal  service-pensions.  The  appetite  for  pensions  had 
grown  keen,  and  soldier  jK)liticians  found  it  to  their  advantage 
to  go  abfHtt  asserting  that  all  the  veterans  ought  to  l)e  iwusionec, 
whether  disabled  and  indigent  or  not.  .\t  the  G.  .\.  R.  national 
encampment  of  1887,  Comrade  Johnston  of  Indiana,  a  member 
of  Congress,  said :' 

I  may  g()  into  the  rural  districts,  and  let  Comrade  Ham- 
lin go  with  nie  and  tramp  up  and  down  the  Wabash  Valley, 
taking  the  soldiers  as  they  come,  and  nine  out  of  every  ten. 
Democrat  and  Republican,  are  in  favor  of  a  service  i)ension 
bill.  We  are  here  to  legislate  for  that.  Let  me  give  you  a 
little  piece  of  history.  The  gallant  General  Hovey  of  In- 
diana.-' Ca])tain  White  of  I-"ort  Wayne,  and  myself  repre- 
sent tliree  districts  in  Indiana,  and  in  each  ot  those  districts 
the  majority  against  us  is  from  twelve  tn  fifteen  hundred. 
We  held  a  council  of  war.  We  declared  in  favor  of  a  uni- 
versal ;>ension.  Our  oi)]K)nents  were  foijlish  enough  to  fall 
into  the  trap  and  opposed  it.  Ilovey  carried  his  district  by 
fourteen  hundred  majority,  '^aptain  White  carried  his  by 
over  twelve  hundred,  and  I  carried  mine  by  eleven  hundred 
and  fiftv.  When  I  talk.  I  am  talking  for  the  men  wlio  re^v 
resent  the  rank  and  fde  in  the  Grand  Army. 

A  large  element  in  the  G.  .\.  R.,  including  the  Committee  on 
Pen'iions.  thought  it  wise  policy  to  postpone  the  demand  for 
?ervice-i)ensions  and  to  concentrate  all  effort  on  a  "disability" 

'■Jourthil  of  the  JJst  National  Eiuamtnunt.  G.  A.  K..  18.*^7,  231-2.U. 

=  Gener;il  .\.  P.  Hovcy  w:is  Presick-nt  of  tlie  Service  Pension  .Vssociaiion 
of  the  United  States.  He  made  a  political  issue  of  the  pension  question  and 
was  elected  governor  of  Indiana  on  the  Republican  ticket  in  1888. 


-1;.; 


m 


11 


:■  '  H 


)£i 


^Z^'r.L^  :'£?*?«r^ ; 


j£:  rr^pf'.-WKsaBT; 


JU)   I'l: DKKAI.  MII.ITAin  rF.NSIONS  IN  THK  UNITI.D  STATES 

measure.    Comrade  Hannibal  Hamlin  of  Maine  said  at  the  sanie 
encami)ment :' 

We  have  a  presidential  election  ccmiing.  and  1  tell  you 
that  there  is  a  power  lahind  that.  1  am  no  |)rophet,  liut  1 
would  predict  that  a  I'resident  who  will  aj;ain  veto  a  Dis- 
ahility  I'ension  Hill  can  never  In;  reelected  I'r-sident  of  the 
I'nited  States.  Nou  ])ut  to  them  a  Service  Uill,  and  I  am 
not  (|uite  sure  that  a  veto  would  have  the  same  result.  Let 
us  he  careful  and  wise  in  what  ue  are  doiii!,'.  Keep  within 
pro])er  limits.  We  simply  say  unw  we  will  exprt.,s  iKi 
oi)inions.  Hon't  kill  the  Disability  I'ension  Hill  by  askini,' 
tor  a  j,Teat  deal  more. 

There  were  also  tliose  in  the  G.  .\..  R.  who  put  oi>i)osition  to 
ser*ice-i)ensions  on  hi<j:her  gmtuid  than  that  of  prudence.  Of 
the  demand  for  such  iK'iisions,  Comrade  Hurdett  said  in  the  same 
discussion :" 

I  can  see  no  other  answer  than  that  it  is  setting  up  our 
liatrii.tism  aj^ainst  pay.  When  .Xbraham  Lincoln— whose 
name  In?  blessed  forever — cried  :  "To  your  tents,  O  Israel !" 
the  roads  and  the  byways  wen  *hronp;ed  with  the  feet  of 
them  who  rushed  to  the  recruit  .,>■  stations  and  thou.sands 
were  turned  away.  That  was  the  ^rrandest  sij^ht  the  sun  ever 
shone  upon.  .\  nation  of  f,a'ntlenien  and  patriots,  not  ask- 
ing;- what  the  pay  should  be,  came  ru^hin;,'  to  the  front.  I 
protest  against  s|>oilinf;  that  immortal  picture  by  now  call- 
iti-r  the  remnant  of  that  .threat  host  a^rain  aroimd  the  monev- 
chan;'ers'  table  to  receive  a  pittance  of  ei.ijht  dollars  a  month. 
.  .  .  This  is  a  preat  rqniblic,  and  if  it  lives  it  is  to  live 
ui>on  the  unpaid  patriotism  of  its  .scms.  .\nd  I  protest  tliat 
the  Crand  .\niiy.  last  of  all,  should  set  an  example  for 
future  times  of  seekini:^  to  set  a  money  value  upin  its  senices. 

These  extracts    from   the   debate   I)etwcen   the  advocates   of 
service-pensions  and   the  advocates   of  disability  ])ensioiis  are 


'  J'lurnat  of  the  Jlst  .Wilnnuil  F.ncamfmfiit   C.  A.  R.    1RS7,  ill 
'  IHd..  229. 


CIVIL  \\\K  SF.RMl  r.-PKNSIONS 


207 


n 


given  as  tvpical  of  wluit  ti>..k  i)lacc  at  several  uf  the  Grand  Anny 
encam|>meiits.  'I'lie  su])i>i)rtcrs  of  service-pension  projHJsals  gained 
in  nunilH.'rs  froni  year  to  year,  uml  were  in  control  at  tlie  encamp- 
ment of  1888.  At  that  time  a  reix>rt  was  adopted  by  a  vote  of 
44o  to  22  which  faMircd  the  presentation  of  a  hill  to  ConL'ress 


mak 


mj,'  ]>rovision 


that 


everv  s( 


)l(lier  or  sailor  who  served  in  tlie 


C'i\ii  War  for  a  period  of  >ixly  day.-»  or  more  >liould  receive  a 
service-pension  of  eight  dollars  i)er  month,  and  that  all  who 
served  a  jwriod  exceeding  eight  hundred  days  should  have  one 
cent  added  to  the  monthly  i>ension  for  each  additional  day's  serv- 
ice. However,  the  same  report  added  that  "we  do  not  withdraw 
our  repeated  approval  of  the  bill  nt>w  before  Congress,  whiih 
was  proposed  and  etidor>ed  by  the  .National  Pension  t  ommiltee 
of  the  Grand  .\rmy,  known  as  the  disability  jKinsion  bill."' 

The  exiwrienced  meml)ers  of  the  pension  committee  were  right 
in  their  opinion  that  there  was  a  chance  for  a  "disability"  or 
"dependent"  pension  bill  in  C()ngress,  but  no  immediate  possi- 
bility of  the  passage  of  the  I  'niversal  Service- Pension  Bill,  'llie 
Senate,  as  early  as  the  summer  of  188-1.  had  adopted  a  disability 
|x;nsion  measure  as  an  amendment  to  the  Mexican  War  bill,  but 
the  amended  bill  failed  in  the  House.  In  his  annual  message  for 
1886,  President  Cleveland  included  a  passage  exi>ressing  "ten- 
der consideration"  for  the  ex-soldiers,  "who,  having  served  their 
country  long  and  well,  are  reduced  to  destitution  and  (le]X'ndence, 
not  as  an  incident  of  their  service,  but  with  advancing  age  or 
through  sickness  or  misfortune."  Of  this  class  of  veterans  he 
said : 

W'e  are  -ill  temfitcd  by  the  contemplatinti  of  such  a  condi- 
tion to  supply  relief,  and  are  often  impatient  of  the  limita- 
tions of  pul)lic  duly.  ^■ieIding  to  no  one  in  'the  desire  to 
iiululge  this  feelint;  of  consideration,  I  can  not  rid  mv^elf 
of  the  conviction  that  if  these  ex-soldiers  are  to  be  relieved, 
they  and  their  cause  arc  entitled  to  the  benefit  of  an  enact- 
ment under  which  relief  may  be  claimed  as  a  right,  and  that 

^  Jounuil  of  thr  .vrf  XiUioiia!  Encampment.  G.  A.  R.,  1888,  190-191. 


V% 


■■■  I- 


2C)8  KKOKRAl.  MII.ITAKV  I'l-.NSK  iNS  IN  TMK  UN'ITKD  STATKS 


such  relief  should  I*  jji'J'ntt'tl  under  the  sanction  of  law,  not 
in  evasion  of  it;  n<>r  should  such  worthy  objects  of  care,  all 
e<|ually  entitled,  \k-  remitted  to  the  unc(|ual  o])eration  of  sym- 
pathy, (ir  the  tender  mercies  of  social  and  jxilitical  intlticncc 
with  their  unjust  discriminations.' 

The  1 'resident  havin^j  thus  expressed  hiniself  as  favorable  to 
an  extension  of  <hc  [Tension  laws  tor  the  benefit  of  dependent  and 
destitute  s<^)l(!  Mr.  Matson  of  Indiana,  on  January  10,  1887, 

intrfKluced  a  l)ei)endent  Pension  Hill  into  the  House  of  Repre- 
sentative^. It  wa.s  referred  to  the  tdmmittee  on  Invalid  I'en- 
sions,  from  which  Mr.  Matson  reiK)rted  it  on  January  17,  1887. 
Ik-  moved  that  the  rules  l>e  suspended  and  the  bill  \k  passed.' 
The  measure  provided  a  |>ension  of  S12  a  month  for  total  inability 
to  procure  a  subsistence  by  daily  laljor.  .\  pension  of  this  amount 
mit,'ht  lie  granted  to  .ill  [Hfrsons  who  had  served  three  months  or 
more  in  any  war  in  which  the  I'nited  States  had  been  enjja^ed  and 
had  Ijeen  honorably  discharged,  provided  they  were,  or  should 
thereafter  Ik?,  ";  offering  from  mental  or  physical  disability,  not 
the  result  of  their  own  vicious  habits  or  gross  carelessness,  which" 
incapacitated  "them  for  the  [lerfomiance  of  labor  in  such  a  de- 
gree as  to  ren'ler  them  unable  to  earn  a  supf)ort,"  and  provided 
they  were  dei.v.nicnt  iijTon  their  dady  ialjor  tor  a  support. 

Mr.  Matson,  in  charge  of  the  bill,  said  that  it  was  a  charity 
measure  to  take  e.x-soldiers  from  the  iKior-houses  of  the  idniurv. 
'"It  is  in  the  line  of  action  suggested  by  the  Chi  f  Executive  in 
his  last  annual  mes.sage."  He  estimated  that  it  would  reiiuire 
less  than  six  millions  of  dollars  jx-r  annum  to  pav  the  exi)enses 
of  all  the  pensions  provided  for  in  the  bill.  But,  in  the  brief  de- 
bate, it  ap|)eared  that  the  so-called  estimate  was  based  (.n  very 
me.iger  in'oniiation.  Critics  objected  that  the  bill  as  drafted 
would  eiH-ourage  pauperism  and  would  undoubtedlv  cost  a  great 


'  PrivKlcni  rivvrlami  dc.-.h  with  the  m.nttcr  i.f  pensions  ,it  cnntidcraMe 
lonLith  in  tlii^  mess.iKi-.  He  arRiied  that  a  resort  to  special  pension  arts  pro- 
(!i!.--d  mcqtialitics  .md  unjust  discriminations.  He  had  especially  in  mind 
provisiiin  bv  Rtneral  law  for  ex-sol<hers  who  were  heinj:  supported  liy  public 
or  private  charity.     Mrxsniic  niul  DiKumcnIs.  18S<)-87.  .13-34. 

■C<nui.  I\i\'r,l.  40th  Corn.,  2d  Scss.,  P.irt  1,  495,  739-743. 


riMI,  W\t<  SF.RVK  K  rKNSIONS 


209 


l-¥ 

'--'I 

■  i 


(leal  iiiiirc  than  cxiKitcil.  It  \\a>  iirni<l  that  llic  |)fnsions  oiij;ht 
to  Ik-  |irii|iiiriio!taie  t'>  tlic  <Uj,'ioc  nt  disaliiliiy  ami  that  thf  "[turfly 
|)aii|)«.i  li'aturi'"  mij^lit  ti>  Ik-  >triiki'n  nut  N'o  auR'HiliiKiit  was 
|KTiiiilti.(!,  aii'l  thf  lull  |pas-r(l  In    mm.^  ISO  ami  nays  7<t 

Already,  in  May,  188<>,  the  Senate  had  [Kissed  a  hill  "tor  the 
relief  of  soldiers  of  the  late  \va.  h.morahly  dischar^-ed  after  three 
tiioiiths  ser\iie,  who  are  disaMed  and  dejK'iidetit  np  'ii  their  own 
lalKir  for  siii>{K)rt."'  This  was  more  liU'ral  in  its  terms  than  the 
l)i';)endeiit  l'en>ii'ii  Kill  and  ua^  supported  l>\'  the  l'en--i(in  ( 'om- 
niittec  of  the  ( i.  A.  H  ,  at  wlm-e  recpiest  a  larjje  number  of  peti- 
tit>ns  were  sent  to  C"i)ni;ress  in  its  favor.  The  House  did  not 
act  on  the  Senate  hill,  hut  the  Dt'iK-ndent  I'ension  I'.ill  above  de- 
scrilKjd  was  tinally  reported  and  passed  in  its  stead.  .\t  the  time 
of  the  passat,'e  of  the  ilependetu  bill,  the  (i.  A,  Iv  IVnsion  I'oni- 
mittec  were  in  session  in  \\ashin).jton.'  Althouf^h  they  thoufjht 
the  House  meaMtre  unduly  i'onservati\c.  they  decided  to  accept  it 
because  of  the  fact  that  it  established  the  principle  "that  a  |)en- 
sion  might  be  granted  for  (iresent  need  or  disability,  w  ithout  abso- 
lute proof  that  such  disability  arose  from  service  in  the  war 
against  rebellitm,  an<l  could  be  traced  in  unbroken  continuance 
through  the  intervening  (|uarter  of  a  century."  Therefore  they 
sou.ght  a  hearing  before  the  Senate  Committee  on  Pensions  and 
urged  that  the  f  )e]a'ndent  I'ension  Hill,  in  order  to  make  sure  of 
its  success,  l)e  passed  bv  the  Senate  without  change.  The  Senate 
Committee  unanimously  so  voted,  and  the  bill  was  rqwrted  the 
same  day.  On  Jamiary  27.  1887,  it  was  passed  without  amend- 
ment and  without  a  mil  call.  Senators,  however,  took  occasion 
to  call  attention  to  the  more  libera!  terms  of  the  bill  which  their 
JHidy  bad  I'as-cil  in  the  i;rc\ioiH  w.ir.' 

Owing  to  a  formal  motion  to  reconsider  in  the  Senate,  the  De- 


'11,7.  h'i-iorti    A'i\ 


Cr.nc..  1-t  So--.,   I'.irt  .\  AU,7-^(,K\. 
■  'tnrnitli  i''<    rciwrt    t<i    tin-    anmi.nl    eiu-:im|inifnt 


../  //,, 


s>  Xat 


f   tlie 

(1/  i:>tc(imtiiu-nt.  (,.  .■(.  R..  )HH7,  164- 


'  ( 

-  I'"r  till'  [icti'-ii"! 
C'l.  \  K  .  -ft'  J^nir:!!! 
16'). 

'  liir  the  course  of  the  Det'endent  I'<ni;ion  I'.ill  in  tlie  Si  n.ite.  »ct'  Omi/. 
Rcnird.  4'"''  r,  ,ii:.,  J.l  >Cfss,.  Part  1.  79.1;  Part  2.  l(»f)7-107o,  IIDO.  1124  1140, 
1177. 


.if 


\ 


i 


210  i"i:di:rai.  military  rnxsioxs  in  thi-:  uxitkd  states 

pendent  Pension  Bill  was  not  sent  to  IVesident  Cleveland  until 
January  31.  \\  hile  the  hill  was  in  the  President's  hands,  expres- 
sions of  opinion  as  to  his  duty  in  the  matter  appeared  in  various 
ne\vspai>ers.  On  l)ehali"  of  the  ex-soldier  claimants,  the  Natioth.' 
Tribune  on  I-'ehruary  3  published  a  long  ojien  letter  urging  hii  ; 
to  sign.  The  .Vt^i;'  )'i)r/i-  Times  was  a  leader  in  denouncing  th  . 
bill,  and  in  re|ifated  editorials  m.  advix-ated  .i  veto.'  Mr.  Cleve- 
land retained  the  measure  until  the  very  last  day  allowed  him  for 
its  consideration  under  the  provisions  of  the  Constitution,  re- 
turning it  to  tlie  House  of  Representatives  without  his  approval 
on  ['"ehruary  11.  18,S7.-' 

In  a  lengthy  veto  message,  the  President  said  that  the  De- 
IHJiident  Tension  I'.il!  was  the  first  measure  sanctioned  by  Con- 
gress granting  pensions  to  the  soldiers  and  sailors  of  the  Civil 
War  uix>n  the  ground  of  service  and  present  disability  alone,  and 
in  the  entire  absence  of  any  injuries  caused  by  militar\-  service. 
Upon  an  analysis  of  the  i)rovi.sions  of  the  bill,  he  thought  its 
language  uncertain,  liable  to  conflicting  constructions,  and  sub- 
ject to  unjust  and  mischievous  application.  In  interpreting  it, 
the  chainnan  of  tiie  Committee  on  Invalid  Pensions  in  the  House 
of  Representatives  had  differed  radically  from  the  chainnan  of 
the  Committee  on  Pensions  of  the  Senate.  The  law  failed  to  pro- 
vide for  any  grading  of  the  pension  of  $12  a  month,  and  Presi- 
dent Clevclar.:!  argued  that  a  lack,  in  any  degree,  of  abilitv  to 


'  .Vi">'  York  Times,  lelirii.iry  4.  7,  8,  '>,  10.  1887.  Tlu'  Tim,-s  said,  rdini.irv 
10:  "We  liave  ;ilrc;i(ly  -said  tlirit  wc  Kflicvcd  tlio  I'rrsidcnt  w.ndd  Ik-  fully 
sustained  in  vctoinR  tlv  l>ep<ndont  rtnston  I  nl  liy  the  veteran  vn'unteers  of 
tlie  war  fur  tin-  I'nioii  and  liy  tlie  iienple  generally.  It  is  now  more  than 
prnliahlc  that  he  uoiihl  he  ^nsiaiiud  hy  enoiiKli  menihers  of  Contrre^N  In  kill 
'the  bill.'"  The  Timis  attrihiited  the  ehanijed  attitude  to  the  re^tdt  of  re- 
fl"i-ti..n  and  iinderstandiri;  of  the  re.al  eharaeter  of  the  hill. 

-  Shortly  hefore  tin-  veto  me'^sai'e  reached  the  House  of  fvetiresentntives. 
Mr.  .Ste'le  of  Indiana  moved  t  >  adjourn,  hut  the  motion  was  dife.ited.  After 
the  reading  of  the  niess.me,  Mr.  Steele  said:  "Mr.  Speaker,  when  I  inoveil 
to  adjourn  :iwhile  ai;o,  the  t'entleinan  from  Keuturky  (Mr.  T.iidli  e]  asked 
me  a  c|ue«tion  which  1  answered  miiler  a  mi-apprehension,  lie  askeil  mc  if 
my  purp'ise  was  to  cut  otT  the  pension  session,  and.  not  understandinc  h'tn 
correctly,  I  an-wireil  ">es."  My  ohject  really  was  to  have  the  House  ad- 
journ so  that  th.'  niess.-it;..  which  has  ju-t  heen  read  miKht  reach  here  after 
adjournniciU.  and  the  hill  therehv  become  a  law."  I'or  the  mc'-age,  see  Cont}. 
R.-Ci'rd,  •4'^th         IK'.,  2d  Sess.,  Part  2,  lfk^7  10.^9. 


CIV  IL  WAR  SERVICE-PENSION'S 


211 


I 


earn  a  >u|)port  would  under  its  ttniis  entitle  an  applicant  other- 
wise qualiiied  to  receive  the  full  pension.  It  this  were  so,  "the 
probable  increase  of  exi>ense  W(juld  Iw  almost  appalling." 

The  President  jwinted  out  that  the  soldiers  of  the  Civil  War, 
in  their  pay,  bounty,  pension  provisions,  preference  in  public  em- 
ployments, and  care  for  the  needy  in  soldiers'  homes,  had  "re- 
ceived such  compensation  for  military  service  as  has  never  been 
received  by  soldiers  before,  since  mankind  first  went  to  war." 
Service-jK-nsions  had  hitherto  l>een  reserved  for  "surviving  sol- 
diers few  in  number,  venerable  in  age,  after  a  long  lapse  of  time 
since  their  military  service,  and  as  a  partini;  l>enefaciion  tendered 
by  a  grateful  jn^ople." 

Another  of  the  President's  arguments  again?t  the  proixj.sed  bill 
was  based  upon  "the  wide>[)read  disregard  of  truth  and  good 
faith"  already  e.xisting  in  the  prosecution  of  [tension  claims.  In 
Mr.  Cleveland's  words: 


In  the  execution  of  this  proposed  law  under  any  interi)re- 
tation,  a  wide  field  of  in([uiry  would  l>e  oiH.'ned  for  the  es- 
tablishment of  facts  largely  within  the  knowledge  of  the 
claimants  alone  ;  and  there  can  be  no  doubt  that  the  race  after 
the  pensions  offered  by  this  bill,  would  not  only  stimulate 
weakness  and  i^retended  incapacity  for  labor,  but  put  a  fur- 
ther premium  on  dishonesty  and  mendacity. 


3 


The  mes.sage  also  .showed  that  the  President  was  concerned 
over  the  probable  effect  of  such  a  in-nsion  law  in  obstnicting  his 
plans  for  the  reform  of  the  federal  system  of  taxation.  Up<3n 
this  phase  of  the  matter  he  said : 

I'ederal  taxation,  no  less  Ixirne  by  the  people  than  that 
directly  levied  upon  their  property,  is  still  maintained  at 
the  rate  made  necc'^sary  by  the  exigencies  of  war.  If  this 
bill  should  become  a  law,  with  its  tremendous  addition  to 
our  iK'nsion  obligations,  1  am  thoroughly  convinced  that 
further  efforts  to  reduix-  the  Federal  revenue  and  restore 
some  part  of  it  to  our  people,  will  and  perliai)s  should  be 
seriously  questioned. 


I 

% 


i      ■■■ 


I 


•fi.» 


m 


213  FEDr:RALMIMTARVl'EXSl()NSlNTHEUN'n"F.DSTA    !'S 

It  has  constantly  been  a  cause  of  pride  and  congratulation 
to  the  American  citizen  that  his  country  is  not  put  to  the 
charge  of  maintaining  a  large  standing  army  in  time  of 
IMjace.  \et  we  are  no  living  under  a  war  tax  which  has 
been  tolerated  in  ]>eaceful  times  to  meet  the  obligations  in- 
curred in  war.  P)Ut  for  years  past,  in  all  parts  of  the  cttun- 
try,  the  demand  for  the  reductinn  of  the  burdens  of  taxation 
uixin  our  labor  and  jiroduction  has  increased  in  volume  and 
urgency. 

I  am  nut  willing  lo  ajiiirovc  a  measure  presenting  the  ob- 
jections to  which  this  bill  is  subject,  ;ind  which  moreover 
will  have  the  effect  of  disai)pointing  the  expectation  of  the 
peo])le  and  their  desire  and  Iiojk;  for  relief  from  war  taxa- 
tion in  time  of  peace. 

Quoting  from  his  annual  message  of  1886  the  language  regard- 
ing jxrnsions  u[)on  which  the  advocates  of  the  Dependent  Pension 
Bill  relied,  .Mr.  Cleveland  said  that  he  did  not  think  that  the 
objects,  the  conditions,  and  the  limitations  he  had  suggested  were 
contained  in  the  bill  under  consideration. 


But  the  evil  threatened  by  this  bill  is  in  my  oi)inion  such, 
that,  charged  with  a  great  responsibility  in  Ijehalf  of  the 
peo])le,  I  can  not  do  otherwise  than  to  bring  to  the  considt  ra- 
tion of  this  measure  my  best  efforts  of  thought  and  ;udg- 
inent,  and  perform  my  cotistitutional  duty  in  relation  thereto, 
regardless  of  all  consequences,  except  such  as  appear  to  me 
to  Ik;  related  to  the  best  and  highest  intere.sts  of  the  country. 


This  courageous  veto  brought  upon  the  President  a  storm  of 
criticism  and  i)rotest  from  those  interested  in  the  passage  of  the 
Dci)endent  Pension  P.ill.  The  I'ension  Conmiittee  of  the  ().  .\.  R., 
with  the  approval  of  Ct)nimander-in-Chief  Fairchild,  sent  out 
an  official  letter  recommending  that  "Posts  and  comrades  ever\'- 
where,  by  resolutions  and  letters,  immediately  inform  members 
of  Congress — who  are  entitled  to,  and  will  gladly  receive  these 
expressions  t>f  opinion — of  their  approval  or  di.stipproval  of  the 
principles  involved  in  the  vetfx;d  bill."  Petitions  soon  came  to 
Congress  by  the  hundreds  from  Grand  .Xmiy  jmsts,  other  or- 


.r*?.v*ri^:-MCr"w^ 


^-■fwm^-jmes.' 


K'j^i^iiF-tmm'jm^^^sBv^iik'SK^Bmm 


1 


CIVIL  WAR  SER\ICE-1'EXSI'   .\'S 


M3 


ganizations,  a'v\  citizens  ior  tlie  j>assage  of  the  hill  over  the 
President's  veto.'  On  the  oilier  hand,  the  majority  of  editorial 
expressions  in  the  large  newspajiers  of  the  ci>untr\  was  favorable 
to  the  position  taketi  by  the  President,  even  a  considerable  por- 
tion of  the  Republican  jtress  sui>i)'irtiiig  iiiin." 

On  February  19  the  Conin.ittee  on  Invalid  Pensions  of  the 
IKnise  of  ReiJiesenlatives,  where  the  deixMulem  liill  originated, 
presented  a  report  on  the  veto  message  which  was  in  the  nature 
of  a  rei;ly  to  the  i're^idem'■^  objections.'  The  asserted  that  the 
only  fair  iiiterpretation  that  cou'd  l)e  placed  ujxjn  the  bill  was 
that  given  upon  the  tl(xjr  of  tlie  Mouse  when  it  was  passed, 
nanielv.  that  it  provided  Init  one  grade  of  pension,  $12  a  month, 
which  was  given  for  "total  inability  to  procure  a  subsistence  by 
daily  labor."  The  comirittee  quoted  from  the  President's  mes- 
sage in  18X6  to  show  that  he  was  not  consistent  with  his  former 
attitude,  and  <aid  they  had  framed  their  bill  largelv  in  accord- 
ance V  itli  his  suggestir>ns.  Since  C  gress  had  not  shown  a  dis- 
|K)sition  t(>  interfere  with  a  system  of  taxation  which  pnxluced  "a 


'  .\t  the  N'ational  i-,ncampmcii'  at  St.  Louis  in  September,  lSt<7.  tliL'  pension 
coitimittee  repc  ■rtcd :  "The  reply  was  prompt,  vigorous  and  almost  unani- 
mous. With  an  emphasis  creditalile  to  their  sohlicrly  instincts,  the  three 
hundred  thousand  members  of  the  Grand  .Xrmy  (jf  tlie  Republic,  gave  reply 
that  there  was  n-  \her  fair  fulfdlment  of  tlie  promises  of  the  Nation,  loyal 
remcmlrance  of  the  sacritices  upon  the  altar  of  the  Union,  nor  a  grateful 
recognition  of  atriotic  service,  in  a  veto  that  doomed  25,(XK3  veterans  of 
the  late  war  to  remain  public  paupers  instead  of  becoming  deser  ing  pen- 
sioners." Journal  of  the  Jist  .Witioiial  lincamp,ncnt.  (J.  .1.  A'..  1887,  166, 
2%. 

-  -See  I'ublic  Opinion,  February  19,  1887.  i'ii-i^l.  Out  of  editorial  expres- 
sions from  l(U  newspapers  on  President  Lleveland's  veto,  74  were  favorable, 
including  IS  Republican,  IS  Independent,  and  38  Democrat.  Those  unfavor- 
able were  28.  including  Ih  Republican,  (1  Imlependent,  2  Democrat.  One  paper 
was  noncommittal.  The  .Vii(M);  of  1-ebruary  17,  1887.  called  the  veto  of  the 
Dependent  Tension  Hill  the  most  striking  event  of  Cleveland's  administra- 
tion. It  said:  "The  veto  thus  presents  him  in  the  character  of  a  careful, 
wise,  and  courageous  executive,  who.  by  the  exercis.  of  a  great  constitu- 
tional prerogative,  has  defeated  an  outrageous  scheme  which  was  hastily 
passed  by  Congress  in  a  characteristic  tit  of  carelessness,  folly,  and  cow- 
ardice." On  the  other  hand  Mr.  Lemon's  Xational  Tribune  cited  arguments 
for  the  bill  and  said:  ".Vgainst  all  this  Mr.  Oevcland  sets  up  his  individual 
opinion  and  arrogantly  overrides  an  act  of  Congress  done  with  unusual  de- 
liberation, by  men  of  thi'  highest  integrity  and  patriotism,  in  resp<mse  to  a 
public  tlcmand  of  extraordinary  earnestne.-s."     1  I'ebruary   17,   1887.) 

^Con,j.  Record.  49th  Cong..  2d  Ses>..   Part  2,   1970-1973. 


Il 


ii 


'wam'-!'ysaii^mmasvj;':i^:3XM'-i^>r,\^,ie&^'^r^^^ 


*'>?i* 


214   lEDEKAI.  M 


\KV  PENSIONS  IN  THE  UNITED  STATES 


revenue  far  beyond  that  which  is  necessary  to  carry  on  the  gov- 
ernment economically  administered,"  they  thought  that  among 
the  various  scheme-  i>r(>i)oseil  for  using  the  surpUis  the  payment 
of  pensions  was  tiie  best  manner  of  restoring  it  to  the  people.  It 
was  the  unaninuius  recommendation  of  the  committee  that  the 
bill  ))ass  notwithstanding  the  objections  of  the  President.  This 
report  from  a  Democratic  House  committee  was  greeted  with 
applau>e  and  lauj;hter  on  the  Republican  side.  It  was  made  a 
sjiecial  order  for  bebruary  24. 

When  the  sjjecial  order  was  reached,  the  supporters  of  the 
President  were  led  by  Mr.  Bragg  oi  Wisconsin,  a  northern  Demo- 
crat w ho  had  sened  gallantly  as  a  brigadier  general  in  the  Union 
armv.'  The  debate  was  acrimonious  at  times  and  noteworthy  for 
the  fact  that  General  Bragg  and  Mr.  Warner  of  Ohio  both 
thought  it  worth  while  to  make  sharp  attacks  upon  the  activities 
of  Mr.  I^nion  and  his  National  Tribune.  Aiter  objecting  to  leg- 
islatit)n  that  would  bankrupt  the  country  in  order  to  obey  the  be- 
hests i^f  claim  agents,  .Mr.  Bragg  said: 

Mr.  Speaker,  I  li>tened  a  moment  since  to  a  gentleman 
"who  paused  for  a  reply."  If  he  will  read  the  Xational 
rribiitic.  ])ulili-hcd  in  the  city  of  Washington — published  by 
men  who  receive  from  S25,(XX)  ti>  S45,000  a  month  as  fees 
from  i)en^ioner>,  blood  taken  from  the  soldiers  whom  they 
Ijretend  to  love — he  will  find  in  every  coliuun  of  that  paper 
some  s(|uib.  some  abuse  of  the  President  of  the  I'nited  Stales 
and  of  those  who  dare  to  think  diti'ercntly  from  those  men 
ujxn  the  propriety  of  the  passage  of  this  bill.  These  men 
talk  about  us  as  ncH  iR'iiig  the  friends  of  the  soldiers. 

Why,  Mr.  Sjieaker.  these  newsiia])ers  that  i)retend  to  be 
"friends  of  soldiers"  arc  the  friends  of  soldiers  as  vultures 
are  the  friends  of  dead  Ixidies — Ix'cause  they  feed  ami  fat- 
ten on  them.  [  \pplause.l  They  levy  their  tax  u])nn  every 
soldier;  and  then  they  send  tf>  tlie  niember  of  Congress  rep- 
resenting the  district  the  work  to  be  done  in  looking  after 
the  case.  Thev  tile  th?  application:  they  draw  their  $10; 
thev  t;ive  notice  then  that  the  papers  are  complete  and  that 


1     C>-lig.      I\: 


rd.  Vhh  C.jnt:.,  2<\  Sess.,  Part  3,  2202-2226. 


-sreaicR;* 


m 


r'Wff^nsrr^ 


■a^KfWffliH 


354^?^ 


CI\  IL  WAR  SERVICE-PKXSION.S 


215 


the  applicant  need  only  send  them  ti>  his  member  of  Congress 
and  his  case  will  be  attended  to  promptly.  Those  are  the 
men  who  are  the  pn)tessed  "friends  of  soldiers."  They  have 
the  voice  <->i   lacob,  but  their  hand  has  the  clutch  of  Esau. 


In  passinjj  ^  i  to  pay  his  respects  to  other  friends  of  the  sol- 
dier, Mr.  i'.raj,'^^  had  a  clash  with  Mr.  Henderson  of  Iowa: 


t'k 


Mr.  Braf,'g.  .\o,  Mr.  Six;aker,  the  men  who  advocate  this 
bill  are  not.  in  its  advocacy,  the  friends  of  the  true  soldier. 
They  advtK:ate  this  bill,  many  of  them,  in  my  judgment — 
and  I  desire  to  be  impersonal  in  my  reinarks — they  advocate 
this  bill,  w  hy  ?  Simj)ly  because  the  men  whom  they  e.xpect 
to  buy  by  the  bill  can  vote. 

Mr.  Ilendersnn,  of  Iowa.  For  one,  I  pronounce  that  false. 
[Api)lause  on  the  Rei)ublican  side.] 

Mr.  I'ragg.  Mr.  S}:>eaker,  I  say  that  that  is  the  substra- 
tum upon  which  all  this  action  is  based — that  if  these  men, 
whom  they  class  as  paupers,  were  to  call  upon  them  individ- 
ually for  aid,  thev  would  say,  "Vou  lazy,  good-for-nothing 
scoundrel,  \ou  are  as  com]K.'tent  to  work  as  I  am."  [Aj)- 
plause  on  the  Democratic  side.]  Although  gentlemen  may 
deceive  themselves  into  thinking  that  their  motive  here  in 
\c)ting  for  e\erything  that  has  the  word  "pension"  upon  it 
is  purely  patriotic,  I  can  say  to  them — and  I  speak  the  voice 
of  the  press  (for  every  paper  of  any  prominence  in  this 
country  has  been  teeming  with  the  expression  of  the  senti- 
ment)—if  you  succeed  in  deceiving  yourselves  ynu  simply 
do  what  the  ostrich  does  when  he  hides  his  head  and  thinks 
because  he  cnn  not  sec  anybody  nobodv  can  see  him. 
[I-aughter.T 

Mr.  Hendersnii,  of  Iowa.  The  men  whose  claims  this  bill 
recognize^  do  not  subscribe  for  or  advertise  in  the  large 
papers  supported  by  the  capital  of  the  coinitrv. 

Mr.  Warner  ••{  Oh'i'  (!c\i>ic(l  a  pnrtiou  of  his  remarks  to  dis- 
cus'^inii  r:i  ;Ik'  in:';;-.-''-c  m-  i!k'  ^'laini  agents  with  the  Grand  .Army 
posts : 

It  is  true  that  some  nf  the  Grand  Army  posts  have  jKti- 
tioned  members  to  vote  for  this  bill,  but  I  thmk  in  some  of 


i  ' 


n 


) 


lit.. 

k' 


-■■■i^<myjs izifSA" ' i>^-  -J" i ..:i^. /.ii^iPi^ 


-■TiiiiL'^ 


-ms[if,^.':.r^W:wm 


216  l-KDICKAI.  MILITAUV  I'ENSION'S  IN  THE  UNITED  STATES 

tlitiii  at  lca>t  1  can  detect  the  origin  of  their  movements.  It 
is  to  Ijc  found  in  this  |)a[)cr  [the  Xatiunal  Tribune]  a  copy 
of  whicli  1  hold  in  my  hand,  printed  in  Washington,  which 
is  the  organ  of  the  claim  agents,  and  is  edited  by  that  scoun- 
drel who  in  the  last  Con,i;ress  admitted,  un  oath,  that  he 
had  paid  tliousand>  (»f  dollars  to  attorneys  to  lobby  through 
a  conference  committee  a  bill  wiiich  increased  his  fees  ;'roni 
SU)  to  ?J3,  and  gave  him,  it  has  been  estimated,  a  million 
and  a  half  of  dollars — taking  it  out  of  the  jjcnsions  of  the 
soldiers  and  their  widows  '  Where  the  soldier  gets  $1  a 
month  |)ension  that  act  gave  two  years'  pension  to  this 
scoundrel,  and  he  is  one  of  the  men  that  claim  to  be  the 
s|)ecial  "friends  of  the  soldier." 

When  my  friend  from  Pennsylvania  [Mr.  Bavne]  asked 
awhile  ago  for  the  name  of  some  claim  agent  who  was  here 
urging  the  passage  of  this  bill,  I  think  if  he  had  looked 
around  he  would  have  seen  this  same  lemon-squeezer  and 
blood-sucker  of  soldiers  in  the  gallery  looking  down  and 
listening  with  approval  t<5  the  statement  of  the  gentleman 
from  Pennsylvania  that  there  were  no  claim  agents  here  in 
the  interest  of  this  bill,  and  that  it  was  not  a  claim  agents' 
bill.  Hoes  not  the  gentleman  know  that  the  claim  agents 
here  in  Washington  donu'nate  the  Grand  Armv  posts  in  a 
.trreat  measure?  [Cries  of  "Xo!  Xol"  on  the  Repul>lican 
side.l 

Mr.  Warner,  of  Ohio.     They  do.     They  dictate  the  ap- 

l)ointmcnt  of  its  chief  otTficers.     .\rmy  posts,  too,  it  is  said 

I  do  not  know  how  true  it  is-  -have  come  too  often  to  be 
"run"  by  claim  agents  as  "moutli-mcn."  who  did  mighty 
little  fighting  in  the  war,  and  who  try  to  make  up  for  it  with 

Mir.  WariuT  rcfrrrrd  t.i  tlio  tf^tiiimnv  of  {;,'nrire  E.  i.cm.m  in  Haiisc 
Rcr«ii  N...  2(kS',?,  4,Stli  C".)nu.,  _M  Sr--  Cl.,im  ,mcnt  N.it!i:in  \V.  lMt7Koralcl 
trstifiod  that  Mr.  I.cnu.n  had  tohl  him  that  he  fl..-m,.n|  hail  spent  $$()m)  in 
Kott  n.i;  the  fci-  provisitn  of  July  4.  1S84.  thnmirh  fonifress.  Mr.  i^mim 
deiiif<l  thi^  l)iit  admiticd  tliat  lie  had  paid  $,!..^0O  to  Rnhcrt  (',.  Innorsoll  and 
iithcrs  for  attorin-y.;'  fees  for  servici's  in  conncotion  with  the  pa^^.iRe  of  the 
hill  (p.  l.V>i.  hi  till-  same  investigation  (.lanuarv  l.i,  1885)  Mr.  I.cmon  tes- 
tified that,  iiiehidiiii;  claims  that  had  luen  rejected,  he  prohahly  liad  in  his 
hands  \25Sn)  pension  claims.  The  claims  in  his  .ifTice  miyht  iuimlior  even 
as  hmh  .-'  iSU.my  Of  these  (AOOO  or  70,(100,  and  p<-rha|i-  as  manv  as  lOO.OOO. 
were  pending  claims,  lie  thonght  that  he  had  more  claims  in  his  hands' 
than  all  the  other  aitorne\s  of  Washintiton  pnt  tocethor  (  pp  l^-Ki"),  For  a 
more  detailrti  disoii-sion  of  the  investi.tration  of  the  passage  of  the  fee  in- 
crease provision  in  tlie  act  of  hilv  4,  18S4,  sec  J,  \V  Oliver  !!islor\  of  the 
Civil  War  Militarv  Pensions,  /.ffi /-;,?,? i,  QR-102. 


i^l£ 


t\  i^>.v?'3S3Hr*  ft-  *.i=;K>5'WEft--'S 


'  ^^^m-JSBS'ims'  .s»K;)i»^:>M«e£«i 


C'I\II.  WAR  SKRNICK-PENSIONS 


217 


mouth  sfr\ice  loii^  alter  tlie  war  is  over.'     [Laughter  and 
applau'-e.  J 


When  tlie  vote  t'lnally  came  (Jii  tlie  question  of  passing  the  bill 
over  the  veto,  there  were  175  yeas  and  125  nays.  So  (two-thirds 
not  having-  voted  in  the  aftinnative)  the  hill  was  r.ot  jxissed. 

The  veto  of  the  I)e{)en(lent  Pension  Bill,  and  the  sustaining  of 
the  veto  after  a  debate  which  contained  jmssages  of  the  above 
character,  added  greatly  to  the  liostil'ty  to  President  Cleveland 
in  G.  A.  R.  circles.  He  had  previously  met  with  much  criticism 
on  account  ..f  his  many  vetoes  of  special  pension  acts.  The 
Xatii)}uil  Tribune  said  on  hine  '>,  1887:  "EverybiKly  who  keeps 
informed  as  to  the  news  of  the  day  knows  that  for  more  than  a 
year  the  feeling  in  the  ( i.  A.  K.  against  Mr.  Cleveland  has  been 
steadily  rising,  and  that  his  veto  of  the  l)ei)endent  Tension  P.ill 
fanned  this  to  a  red  heal."  When  Mr.  Cleveland  was  invited  to 
visit  St.  Louis  in  Septemlier  during  the  jKjriod  of  the  national  en- 
campment of  the  Cr.  A.  R.,  prominent  memi)ers  of  the  organiza- 
tion gave  itublic  warning  that  he  h.id  better  stav  away  if  he 
wished  to  preserve  tiie  dignity  of  his  oftice.  .Although  he  had 
intended  to  tje  present  at  the  encampment,  he  tinally  declined, 
anaiigiiig  to  go  to  St.  Louis  ,-it  ;i  later  date.' 

.\t  St.  Louis.  I'ast  e'l.mmandcr-in-Ciiief  \'an  Dcnoort  offered 
and  urged  the  adoption  of,  resolutions  charging  that  the  Presi- 
dent had  l)een  guilty  of  "irreparable  cruelty"  in  his  veto  of  the 
Dependent  Pension  Pill  and  that  he  had  officially  insulted  or  slan- 
dered "the  broken  down  and  needy  men  to  whom  the  nation  owes 


'  f' 


.-MtliDiisli  Mr.  \Varnor\  rt'iinirks  were  denunciatory  in  tune,  they  were 
suppi)rtftl  hy  nmoh  sv.i.rn  ovicicnce.  He  was  chairman  of  tlte  House  com- 
niittre  which,  in  188.=,  itnestiKale.!  the  passage  of  certain  pension  laws  and 
the  practice  ..f  pensh.n  aKcnt-.  It  was  this  committee  that  developed  the 
fact  that  Past  C  omniander  in-fliuf  Paul  \'an  Dervoort  of  the  G.  .\.  R  was, 
whde  a  memlier  of  the  i)cnsinM  committee  of  the  G.  .\.  K.,  employed  hv  Mr' 
Lemon.     Hdus,-  Ki-I^.tI  Xo.  .'(j^.i.  48tli  Cong..  2d  Sess. 

*See  .Vc-U'  Y'-rL-  Tiiiirs.  .litly  8.  ').  1887.  The  r/»it'.f  said  editorially.  July 
8:  ".As  the  President  is  a  Democrat,  and  as  a  new  Presidential  eont'cst  is 
comiUR  on  ne.\t  year,  the  prominent  politicians  in  the  organization  were 
under  a_  strong  temptation  to  try  to  -.wing  it  against  the  administration. 
Some  of  them  heing  more  politicians  than  paficjts.  and,  not  gifted  with 
great  sagacity,   have  plainly  yielded   to   that   temptation." 


i 

J 

i 


'   i 
.< . 

I,! 


,1  i. 


j-i-rr- ■  -'ii^i'^#!^^^^!??5? 


"  .JjSSj' 


218  FEDKKAl.  MILITARY  I'KNSIONS  IN  THE  UMTKD  STATES 

evcrvtliinjr."  Thfse  resolutions  were  lost,  and  the  encaminnent 
ciMitined  itself  to  tlie  condeinnatif  .  of  the  Prcsiileiit's  veto  con- 
tainetl  in  tlie  reixjrt  of  the  ("oniniittee  on  Pensions.  The  com- 
mittee secured  the  endorsement  of  a  new  i)ension  bill  which  it 
had  prepared.  This  new  measure  was  -imilar  to  the  one  vetoed, 
but  the  "pauper  clause"  was  omitted,  making  it  a  "disability" 
and  not  a  '■(lei)endeiit"  bill.' 

In  18S7  and  1J<SS  the  demands  of  the  ex-soldiers  for  largely 
increased  jK-nsion  expenditures  came  into  direct  and  open  antag- 
onism with  the  plans  of  the  Democratic  administration  for  rev- 
enue reduction  by  means  of  tariff  revision.  In  vetoing  the  De- 
jjendent  Pension  P>ill.  President  Cleveland  had  made  much  of 
the  argument  that  the  large  exi»enditures  probable  under  the  bill 
would  interfere  with  the  removal  of  taxes  levied  at  war-time 
rates.  For  years  the  Xati»nal  Tribune  had  been  urging  its  hun- 
dreds of  thousands  of  soldier  readers  to  use  their  political  in- 
fluence against  projects  of  federal  revenue  reduction,  and,  as 
the  President's  advocacy  of  tariff  reform  became  more  vigorous, 
the  pensioners"  organ  redoubled  its  efforts  to  consolidate  the 
pensioners  and  claimants  in  favor  of  the  maintenance  of  the  ex- 
isting tariff  svstem.  To  a  soldier  who  wrote  to  the  Xatinnal 
"I'rihunc  objecting  to  its  advocacy  of  a  protective  tariff  because 
it  was  a  partisan  (piestion,  that  pajxr  replied  editcjrially  on  March 

^Jounuil  of  the  .'is!  .^'alional  /fir.dw/'Hi.-'ir  (,".  ./.  !<■.  1H87.  2\0-2U>.  UA 
](]y.  At  tlii~  cruamiinKiil  Comr.idi'  James  Tanner  of  New  Ynrk  (Commis- 
>io!ier  <if  l'tnM..ns  in  1S,S9I.  ni  the  cKhatc  on  a  prop'isocl  serviee-pcnsi<in  hill, 
defended  tlic  Cimmiiltet  nn  Pen-ions,  of  which  he  was  a  inemhcr,  of  the 
char^'e  of  hein^  "l-emon's  satellite-."  He  sai.l :  "We  have  lieen  charged 
with  holding  meetings  in  the  ot"fiee  of  his  paper,  h.ddini;  ineetinns  with 
locked  door-.  To  that  I  make  an-wer  here  ami  now,  that  we  never  held  a 
meetiPK  in  Lemon's  oflice.  that  we  nevi  r  hrid  a  meetini;  with  closed  chnrs, 
and  thev  lie  who  s.ty  it. 

\nd  another  thini;  1  will  sav.  and  1  iim  man  enonf;h  to  say  it  anywhere— 
th.it  so  far  a-  mv  ol.-erva.i^n  (iocs,  no  comrade  in  this  encainpinent  has  a 
ridit  to  pnt  him-e!f  aho.e  Ceorge  K.  Lem..n  lor  warm-hearted,  practical 
eomr.ide-h.p  in  the  Crand  Armv,  i  will  di^i>osc  of  that  i.art  of  it  hy  saymg 
in  defep^e  t..  all  attacks  made  on  that  line,  that  those  who  know  him.  know 
him  for  m  honest  man.  and  I  send  every  friend  of  mine,  who  wants  any 
information  almnt  the  presentation  of  a  clami  tc^  him,  t-  iliis  man  of  whom 
I  and  nther-  are  ;,ccused  of  hcinR  satellites"  (p.  2Z'  ^ .  Later  in  the  sarne 
day  Mr.  Lemon  -n^ -crihed  throngh  Corporal  Tanner  $1.0IK>  t..  the  O.  A.  K. 
fund  for  the  ercctL.n  of  a  -tatne  to  General  John   A    L..^an    (p    2H1. 


if>£nAiMm^2;M:2f^ 


mm 


^^mm 


CIV  II.  WAR  SI'RVKK-I'KNSIONS 


219 


31,  li^HT :  "Our  only  motive  lor  cloiiif,'  it  is  because,  for  the 
l>rcseiit,  ;i  i 'rotectix c  laritt  and  |»tii>i()n  Ictjislalion  are  closely 
coiiiiectud.  The  l-'ree  Traders  are  o|>|»Ked  to  jK-nsion  Iej,M^lation 
localise  that  will  make  a  use  for  the  money  derived  from  duties 
on  inrjxtrts."  luirlier,  on  I'ebruary  3,  1887,  the  same  paper  said: 
"Soldiers  everywhere  should  at  once  write  to  their  rei>resenta- 
tives,  urffinj;  with  all  the  earnesttiess  that  they  can  manifest  that 
there  shall  l)e  no  interference  whatexer  with  the  revenues  of  the 
countn,-  until  the  recommendations  of  the  G.  A.  R.  National 
I'eiiNion  (onuuittie  are  emlmdicd  into  law  and  put  into  o])era- 
tion."' 

The  .VcTf  Viirh  Tinics  devoted  sotnc  editorials  to  the  relation 
I>etween  lavish  nrojects  for  [H-'usion  exr)enditures  and  tariff  re- 
form, and  ciincluded  that  if  such  measures  as  the  Blair  education 
bill,  and  the  [K-nsion  bill^  adv(x-ated  at  the  G.  A.  R.  national  en- 
campment, were  to  be  enacted  tariff  reform  would  I)e  of  no  earthly 
importance.-'  It  found  that  there  were  some  G.  A.  R.  delegates 
who  were  not  well  informed  as  to  the  effect  of  the  measures 
which  they  supp<jrted.  They  favored  a  reduction  of  the  tariff 
and  at  the  same  time  a  service-pension  bill.  Mr.  Lemon,  how- 
ever, was  well  informed,  and  gave  his  editorial  space  freely  to 
arguments  that  ex-soldiers  ought  to  light  reductions  in  the  fed- 
eral revenues  in  order  that  the  surplus  might  be  available  for 
l>ensions.'     This  was  csi)ecially  so  after  Mr.  tMeveland  devoted 

■  Si-c  int'iiiiirial  fruni  Ji.lin  A.  Lonan  Command  No.  7.  I'liioii  Wtoran*' 
rniMii.  ,,i'  Daylon.  Ohio,  on  ■T'cnsicns  T.iriff  and  .'Siirpliis-"  Prc^cntt-d  to 
House  of  Repre-cntativ.  s  on  I-Vli.  27.  \^-<i<S,  ami  printed  in  tnll.  Cnui.  A'.-ii'n/ 
50th  Cong.,  1st  Sess.,  Part  -',  l.Sll-l.MJ. 

-Xczc  i'l-rk  Tiiiu-s.  .Xiitrnst  12,  2'>,  .Sc(Uoni!nT  1.  dotnlier  .i.  1S,S7.  Tlw 
'l'im,-s  said  editorially  on  i)it(.|ier  i:  "The  enaitnient  of  .ill  these  measures, 
and  perhajjs  of  only  one  of  thetn.  would  alone  more  than  e.xhaii^t  the  entire 
snm  availahle.  .\re  the  veterans  Mrnd  to  these  faets.  or  do  iluy  think,  with 
Senator  lUair.  that  if  it  should  he  necessary  to  increase  natioiial  ta.\es  hy 
even  S2no.(X.X).ll()0  to  meet  pension  expenses  the  country  would  submit?" 

^  The  .\\iti:->iut  Tribune  of  Octoher  27.  1887,  said:  "Comrades,  we  must 
ehjin^e  front  to  meet  a  tlaiik  attack!  The  enemies  of  soldiers  have  altered 
their  field  tactics.  They  are  mas^ni;  now  under  the  hanner  of  'Revenue  Re- 
duction' to  deliver  what  they  hope  will  he  a  fatal  assault  on  all  manner  of 
additional  pensions,  allowances  and  other  acts  of  justice  to  the  nation's 
saviors."  During  1888  the  .Vu/ic/ici/  Tnhuiir  carried  on  a  persistent  fight 
a^iainst  the  Mills  hill  on  the  ^Tounil  that  it  would  take  money  from  the 
Treasury  needed  to  pav   pensions. 


ii! 


t- 


ifi 


h*i^^:iir5MrK^ A',;:^xs>hjr  ,'-'s»K^isr^?i 


i<fc^* 


_'.'()   ll-DI-.UAl    Mil, 11  \K^   rK.\>l(iNS  INI  Hi:i'MTII)ST  ATI'.-, 

his  entire  amuial  mc«>;ii;o  t"  laril't  reloriii  in  December,  1887, 
sayiii},' :  "Our  [>reseiu  tariff  laws,  the  vicii>iis,  ineiniitahle,  and 
illi>;,'u;il  Muirie  of  iiiiiiei.e>-ary  taxati'in,  mij^ht  I"  \k  at  once  re- 
vised and  amended.' 

On  l)eeeml)er  IJ,  1887,  at  the  lirst  session  of  the  5<)th  Congress, 
Mr,  Mandersen  intrtxiiued  inti>  the  Senate  the  (i  v.  U.  "di«- 
ahilitv"  |H.'n--ioii  l)dl  ■  lie  said  llial  the  liUl  'i;iil  U'en  tudoisel  ;it 
the  late  national  encainpnieiit  an<l  tiiat  he  introduced  it  by  the 
unaninirn>  re(|iie-t  oi  ilie  reiwi'm  I'unmittee  <>i  the  ( iratul 
Army  oi  the  KepMblic.  The  hill  was  referred  to  the  Committee 
on  I'ensions  and  rejjorted  favorably.  An  ini])onant  amendment, 
not  de>ired  by  the  C,.  .\.  K.  committee,  was  added,  restorinj.^  the 
principle  of  "deiK'iidtiice"  in  a  clause  providing  that  applicants 
under  the  measure  must  In;  "without  other  adetpiaie  means  of 
self-su]i]M>rt."'  Much  was  ,-;iid  of  the  (ii'aiul  Army  anil  it>  activi- 
ties in  the  (kliaic'  Senator  Heck  <>i  KenlUfky  deli\e.cd  a  speech 
against  the  pension  bill  in  which  he  proiiounceil  it  a  shrewd 
scheme  b\  which  the  i)rotected  interests  proposed  to  use  up  the 
surplus  and  prevent  a  re\ision  of  the  tariff.  The  latter  jKirt  of 
this  si)eech  drifted  "tf  into  a  .ijeneral  discussi(5n  of  the  tariff  with 
other  Senators.'  I., -iter  in  the  deU.'ite,  Seintor  Teller  s.aid:  "1 
know  it  will  be  said  that  this  is  an  e.\travaj;ance,  and  that  we  are 
thus  e\tr;i\aj;;mt  l)ecause  we  want  to  keej)  up  the  tariff.  I  will 
not  discuss  the  tariff  on  this  bill;  and  1  would  vote  today,  if  we 
were  now  providini;  for  the  raising;  of  re\enue,  precisely  as  I 
shall   vote  with   a   surplus   in   tlie  Trea-urv  of   SU)n.(M)l),(HH)."'' 


'  .U.-.f,(.i<;('  ,1)1./   Ii.nummls.   ISS"   ll^KS,  7. 

=  (',■»,;.   A', ■,.■(</.  .'Oth  (.■.mi;.,   1-t   Sl■^^.,   Pan    1.    >2. 

■■  lh:J..   I'art   2.    U'W-l?!)!. 

'  SiiKiiiir  W'St  saiil :  "Tliat  i;ri'at  military  and  pcilitiial  ori,;ani/ati'>ri.  llie 
(irand  \riiiy  ni  the  Rfpiihlic,  tliriiw*  ils  iron  uI.m'  into  tlio  ikliates  (it  C^n- 
>rr<-.-,  .111.1  MO. Is  til  lis  lulls  tll^.lll^'ll  ils  aii-rcilitcil  Senators:  and  when  the 
President  ot  the  United  States  honestly  :ind  hravely  di^eh.arvjfd  his  executive 
dnty  and  vetoed  an  enactment  which  he  considered  improper,  he  was  threat- 
ened liy  the  officers  of  tins  ornaiii/ation  with  personal  insult  it  he  dared  to 
make  his  presence  known  in  the  cilv  ulure  it  held  its  last  meeting."  Ihid., 
I'art  2,  l.sW. 

'-  Senator  I'.cck's  speech.  March  1.  1888.     Ibid..  I'art   >.  l«)i7-l0J7. 

'■Cong.  Record,  50th  Cong.,  1st  Scss.,   Part  .'.   Wi). 


(-(KVo-Z-iiff, 


-.CTi-— ■■ 


3     i. 

''J 


CIMl.  n\l'   s|.-K\  k  IM't-NSloNS 


n 


AftiT  a  f,'rc;it  deal  of  liii^'lily  i>arti>;tn  debate,  tlie  b'll  [(asscd  the 
Siti.iie  Mil  Mariii  .v.'  It  wa^  reporU'd  with  aiiiiiuhniiit-  iii  tlie 
DiMHuralic  lli>n-v  (.ii    \]>ril  14.  Inil  \\a-  iumt  atied  it|Hiii.' 

At  the  (.  i)ltiiiilni>  etuampir.ent  <<i  the  (i.  A.  R.  in  Septeinlier, 
IH^X,  I  he  I  '  >tminltee  nii  I  'en-ii  ,ii>  made  'il-u  al  ii'-e  ni  deiniiieiaturv 
laiiKiiiiK'i"  '•>  desiribini;  their  exin'rieiue  in  tryiti;,'  to  Lfet  tiieir  bill 
throii^di  the  i  lidb^e  In  eoiKliidin;.,'  Itiev  said:  "  The  responsibility 
for  the  failure  of  your  bill;  the  res[)onsil)ilitv  for  the  fadine  of 
^'eneral  i>en>iiin  le^'i>latiiiii  of  any  kind  i>v  dej,'ree ;  the  responsi- 
bility for  the  failure  to  se-eure  for  the  veterans  ()f  the  land  even 
a  iieariuf,'  liefme  the  Xaiioiial  Ibatse  of  l\'epre^entative>  for  ihe 
present  >e^-ion,  rests  uiion  tlie  (.hairinan  of  the  House  Cotiiniit- 
tee  <  11  Invalid  iViisions."'  The  j,^entleman  who  w  ;l^  llnis  -.o 
severely  arrai;;iied  was  the  Honorable  C.  C.  Matson  uf  Indiana, 
who  had  on  April  _'<>  lieen  nominated  by  the  L'emocrats  for  the 
jjovenior^hip  ,,i  that  -~iati.' 

In  failing'  to  press  ^'eneral  [K'H-ion  Iej,'islation  in  the  House, 
Mr.  Matson  wa>  doubtless  actin<„'  in  harmony  with  the  !  )em<K-ratic 
leaders  who  were  drawing,'  the  i>arty  lines  closely  in  support  of 
the  reduction  of  the  revenues  through  taril'f  revision  as  embo<lieJ 
in  the  Mills  bill.  The  debate  on  this  measure,  which  k-^^'an  on 
.Apiil  17.  b'^SS,  and  coiitnux'il  duriii:;  ilu-  -pvin'^  .iiid  e.irh  sum- 
mer, showed  that  in  the  minds  of  a  large  number  of  members 


'f..),,;.  A',-,,./,/.  5ttli  Cmt;,   1-t   Si -«..  I'.irt  2.  18W.. 

-  Ibht..  I\irl  .',  J'^.VA  Mr.  llMiiim  riiiorlid  iIr-  lull  wiili  auuiidim'ni  -  f^i 
Mr.  .Mal^iiii  will)  wa>  alisent.  Mr.  fialliriKfr  iirc-fiiifd  a  niiiinniy  r  iidrt 
{ilnti.,  r.iri  ■},  ,?l-4ii  upimsiriK  the  iii.ijuntj's  annnilmiTits,  which  wrrc  not 
(lisirtil  !'\  the  (i.  .\.  K.  anil  vtrv  iiuk!i  altered  the  eharaetcr  of  the  Mil. 
II  'US,-  l\,-p-ils.  ••M\  C.itiM..   Isl   Sess..   .\'n.  Id'M. 

■^.'i  i('i;,j/  ,-/■  the  2.'d  Xcitiriul  luutimi  nu-iil.  C.  ./.  A'.,   1S.S.S,   ll'»^-12.'. 

'  .■lf^t'li'l">>'s  .hiiitiiil  C'yc/i'/'..  (/ill.  1K.><K.  441  44i.  (  iii  \ti^:ii-l  8.  the  Kei)ul)li- 
cans  nominated  as  Mr.  Matsoiis  oiiiioiunt  I  ieiural  ,\.  V.  Hovey,  one  of  tlv^ 
"pension  statesmen"  ironi  Indiana  reteire<l  to  on  pa,i;e  Jit.s.  General  llovey 
was  rre-iiUnl  of  ilie  Serviee  Peiisn.n  .\ss,,eiati.pn  of  the  I'niteil  States  The 
Salitnutl  Tril'iiih-  eharged  tliat  I're-ident  Cleveland  .md  Colonel  Matson  had 
entered  into  .i  coiniiact  ni  resiraini  .^f  K'Hcral  [lension  Knislation.  that  Colonel 
Matson  was  to  save  the  I'rr-ulent  the  eniharrassment  of  using  the  veto 
aj.'ain>i  |Kiision  projects,  and  that  in  relnrn  the  .idministration  was  to  aid 
Mats()n  :i!  hi-  campaign  in  Indiana.  It  called  Matson  "Indus."  \i,.io>Ml 
Tnl'uiu-.  Siptcmher  .'7.  Octoher  4.  .'5.  1888. 

'Cffii;.  Ki\orJ.  50th  Cong.,  Ist  Stss..  t'art  4,  JO.^7. 


It. 
-.11 


11 


I 


■C".:SiTll'.»;  if  "Wrr'?*-^«-l«iti!^E36^ 


JJ2   I  I  1)1  K  \1   Mil. IT  \in   l'IN>|(»\S  IN  1H1-.  IMTI  l)>T.\l  I- > 

ui  Cc)tij;if>s  iliere  \va>  a  clo^c  cniiiicitiDii  l)etwceti  |)cn»itnis,  sui - 
plus,  ami  the  tarilt.  I)i'nii»crat>  Iilsc  Senator  lieck  hail  charfjetl 
that  la\i-.h  pcusiiiii  fNpinihtiircs  ucrc  part  i>i  a  scheme  ti>  s|>eiid 
all  the  Miriilus  and  make  tarilt  rediKtmn  imiH)>sihIc.  Ueprcseii- 
talue  I  aiiiii.ii  i>l  illiiini,  t(H>k  another  \  lew  i>l  the  mat.  r.'  la 
l)ei;innm^'  a  speech  im  the  Mills  i)ill,  he  siiid  that  I'resident  (  leve- 
laiid  iiiif^ht  Id  ha\e  -ii^ned  tlie  l)ei>en(iciit  rensinii  liill  and  tins 
ha\e  expended  a  part  of  th-j  surplus,  rayineiits  uuj;ht  to  have 
l)een  made  on  accoimt  o|  the  national  deht.  "The  (Rjlicy  ot  the 
administratioii,"  said  Mr  Lainior.,  "from  its  conitnencement  t> 
the  present  time  has  liecii  to  pile  up  money  in  the  Treasury  and 
prevent  proper  Ic^jislation  for  the  c.\iH.'nditiire  ot  money,  so  it 
could  ]xiint  to  the  ()\ertlo\vin;.;  cotters  of  the  Treasury  and  de- 
mand lej^'islation  lookinj;  toward  a  tariff  for  revenue  only.  Sir, 
no  man  m  the  llou-e  '<r  the  coinitry  will  more  heartilv  stii>port 
an  econonncal  expemlituie  ot  the  ])iiiilic  mi>ney  than  I,  i>tit  Ir  'e 
economy  consists  in  i^iyinj^  the  dehts  oi  the  Ciovenimcnt  mid 
keepin^j  faith  with  its  defenders,  who  did  m>  much  to  picser\  it." 
Speaker  after  s|K'aker  ur^jed  that  the  e.K-soldie'->  had  the  tu -.t 
claim  oil  the  suriilii>,  and  th.il,  aticr  proswioti  nl  lietn  made 
for  them,  ex|>e!iditures  should  he  made  to  p.iv  she  national  delit, 
for  the  navy,  for  river  and  li.arh 'r  ini])roveii  -  its.  and  for  educx- 
tional  purposes.  There  was  no  need  to  i  Iik  ihe  ta-it'f  t(i  t,'et  rid 
of  the  surplus.  Soiiie  siR-aker^  said  that  if  the  l>e!)endent  Pen- 
sion Hill  then  on  the  calendar,  ir  a  ^ervu  -  H'iisi(  t-  !)ill.  was  Mkeii 
up  and  passed,  a  larije  portion,  if  i'   i  all.  ot  the  --rqilus  woiiid  be 


'  Si.iTcli  nf  Mr,  C'.iniv.n,   M;i>    1'      1.-<,HX,  J  ,     "irt  4.  .W.M 

-('.'in;    Kci-.nd.  5llt!i   I'niii;  .    !-■    >i -,..    Mr    J  t  h.  .iil!'    .,!    |i;,|i,,!!.i   ^;n,l 

"Tlu-  -iirpliis  is  tlicirs.  It  IhI.h  ■..;^  ..i'  nu  i  lo  tin  -ncn  w  •<  ^avi'il  -it  ntiiv 
the  Mirpltis.  I)iit  tlic  OncrTiniim  i!-ilf  ■•-■.<n  tot.il  if^!rij  mn  "  Hi  .iri,:iii'i| 
tti.it  ;i  m;i(tTlal  riiliu'tiim  nf  tin  rro'v,  rn-  nl  .ipiiiisii'  .p  m  pi'ii-iotts.  I'.irt 
5.  ^.'Sii      See   •-|irfi-li'"i  "f    Mr     I'.,".ll    ■  ;,n  '    iiin    (I'.-t    .",  i^i"  4i)(iJ  1  ,    M  •• 

r,HT-  ,.'  K;ins.i>-  (I'.irt  5.  4,?_'3  I  :  \'  Mf-rn;iMii  .  i  (ircu.m  ;  I'.ir-  3.  4;.^(),  , 
Mr.  .'^IniliK-  111    linv.i   (I'.irt  .^.  4IJ7  >     .    i    liii-ilitiel!    H.at   •.:!>>     -a   ,\i;.'i..ti(i; 

Idi-its   Ih.^l.  •-.■I'tly    Triui-J    (p.   -'J^'i  'tluT   nlral.  whu-li   at   lra*t   always 

ba<I  a  ni.'ijnritv  in  ('iin.i,!r('~s  lifliiml  ■  u;i  'h  .•  -I'l.  ^uliliir^  n  \Uf  i':\^\  War 
had  a  ^pnial  vlaiin  "T1  tlif  tni  tiry  '  itn    rips.m    j    -   ttiis  yi-mTi-'ty 

was  a  iiiw  iniiceplii'ti  ll'.'it  a, is  ilrsir.ilin-  In  vpi  nil  ni  nu'  Irt-rly  >■>  that 
the  taxes  iniulit  nut  It  ri'ilu  ■..!    ani'.  yariit-.'larlv  the  tant?  taxes" 


ri\  II   \\  \u  m;r\  I(K-I'i;nsii»ns 


22i 


ili-.inlHUnl  .iiih-ii^;  ilic  |m,'"|.1i-  I'.ui  Mr  Mi!K  ,iiiil  tin-  S|>f.ikiT 
(>ri}  1,'inpor.-  (  liciiicii  Mi Millin  i  rcsi^id  attt.Tiii)t>  l»y  Mr.  McKin- 
ley,  Mr,  Camion,  Mr.  kcc>l  and  other,  u>  have  a  day  li.scd  lor  the 
ciinsidfraliMii  .,|'  j^i-mr.il  |ii'iis|,,ii  k-i^i^lain.n. 

\\  Ink'  the  MilU  lull  w.i^  ^iill  \n  ilic  ll.nisc,  the  iiatMiial  con- 
vcnti'MN  Ml  ilic  two  ]).4itual  jiartR-,  met.  In  the  matter  ot  pen- 
sion-., tlie  l)einiKral>,  who  met  at  .St.  l.oms  on  Jmie  ?.  made 
no  neu  l)roml^e^  l'lie\  >ai.l :  •Wink'  careliilly  ^'ii.rdin^,'  tlie  in- 
terest, ol  the  ta\|.,i\er>  .iMd  d-s  (..nnini;  -irictly  to  ilie  i»rmeiit!es 
oi  jii>tHe  ,iml  ei|uit.\.  it  |  the  DenuKTatic  I  arty  |  ha.s  paid  out 
more  lor  i>ension>  .ind  I.. .unties  to  the  soldiers  and  siilors  ot  the 
l\'t|.ul>hi-  ihau  \sa.  .m  r  [i.tid  U-iore  durin,;^  .,n  e(|uai  pen.«l."' 
ihe  nonimecs  were  (.ro\er  Clevelaiul,  and  .\llen  ( ,.  I'huniian 
of  ( )luo. 

Ihe    kepulihi-an  foiuentiou    whieh    mot    at   Chii-a),'o  on    luuc 
1''  uas  nuH-li  more  hlie-ral  ui  its  pension  utterance.     It  said: 


I  he  -ratitude  'H'  the  nation  to  the  det'enders  of  the  Inion 
ran  not  he  me.isure<i  hy  laws.  The  leirisiati(^n  of  fondness 
should  ion  form  to  the  (iled-e  made  hy  ;i  loyal  iR-oi)le,  and  Ik- 
.so  enlar-ed  and  extended  as  f.  i)ro\  ide  ;u,'ainst  the  jxissi- 
hility  that  any  man  uli.,  honorably  uore  'he  l"e<leral  uniform 
shall  l)ecome  an  inmate  if  ,in  almshouse,  or  de|>endent  ujxin 
private  charity.  In  the  presence  of  an  overflow  injj  treasury, 
it  would  l>e  a  public  -caudal  to  do  less  for  those  whose  val- 
orous services  preserved  the  ^''^cniment.  We  denounce  the 
hostile  spirit  shown  by  President  Clevelam!  in  his  nunicr- 
ou.s  vetoes  of  measures  for  pension  relief,  and  the  .action  of 
the  Democratic  House  of  Ke|>resentalives  in  rcfusini,'-  even  a 
c  nsideratii-n  of  j,^ener;il  ]iensiou  lei.'-islation.* 


it  i 


II 


The   Republican  nominees  were   r.eneral   Eenjatnin  Harrison 
of  Indiana  and  l.e\i  I'.  Morton  .:f  \ew  N'ork.  This  ticket,  headed 


'  Ci'Hj/.    K,\-:t>,i,    .s()tl,    C.fii;..    1m    Scss.,    Part    .s.    4JSS.    4!.'7,    4'»,s 
Speeches   of    .Messrs.   W  iikh.uii.    .Siriililc   arfl    Hn..thman. 
-Ibid..  Part  5.  4891 

'  F.dwaril   Stanwo...!,   ./   H:stor\    „f  tlw   I'r.-suli'ui  \.  i,   A(>'). 
*Ibid..  1.  477. 


-t')/.J 


•If 


$ 

Mil 


m 


f'li 


li 


224   FKDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

by  a  soldier  who  said  in  one  of  his  campaign  speeches  that  it  was 
"no  time  to  be  weighing  the  claims  of  old  soldiers  with  aixjthe- 
car>'s  scales,"'  was  in  contrast  with  the  Ueniocratic  ticket  luaded 
by  a  i'resident  who  had  vetoed  the  Dependent  Pension  Bill  and 
hundretls  of  special  jiensioii  ;icts.-  A  platform  statement  confined 
to  what  had  been  done  was  in  contrast  with  promises  of  enlarged 
and  extended  provisions  in  the  future.  The  soldiers  were  told 
that  if  the  Democrats  succeeded  in  cutting  down  the  revenues 
there  would  be  no  more  money  for  j)ensions.  Active  support  was 
given  to  the  Republican  candidates  iiy  the  National  Tribune  with 
its  lart^L'  circulation  among  the  ex-soklicrs.  There  was,  however, 
one  offsetting  circumstance  in  the  popularity  vv^ith  the  veterans 
of  General  Black,  Cleveland's  Commissioner  of  Pensions.  He 
had  served  gallantly  during  the  Civil  War,  having  been  shot  in 
the  right  foreann  at  the  battle  of  Pea  Ridge  and  in  the  left  upper 
ann  at  the  battle  of  Prairie  Grove.  In  May,  1878,  a  Senate  com- 
mittee had  reported  that  he  was  "a  physical  wreck,  maimed  and 
diseased,  incapable  of  any  efifort,  and  much  of  the  time  confined 
to  his  lK;d."''  L'pon  this  rejjort  he  had  lieen  granted  l>y  private 
law  a  pension  of  $100  a  month.  Although  he  continued  to  draw 
the  pension  as  a  "physical  wreck,"  General  Black  made  a  very 
active  CommisEioner  of  Pensions  and  was  iiolitically  serviceable 
to  the  admiuistn.ti<)n  on  the  stump.*  He  was  chargetl  with  filling 
the  Pension  iUireau  almost  exclusively  with  Democrats,  and  with 
increas-ng  pension  allowances  and  payments  in  Indiana  and  other 
localities  where  his  i)arty  would  Ije  heliK.'(l. ' 

'  See  editorial  in  liidiiir,al^,ilis  Journal,  April  2(',  1889. 

-  .\tteiitinn  will  be  given  to  I'resident  Cleveland's  vetoes  nf  private  pension 
laws  in  a  chapter  on  "Special  Pension  Legislation. "  .X  ^(jocl  statement  of 
the  situation  resultinn  from  Cleveland's  vetoes  of  private  pension  bills  is 
foimd  in  1).  R.  Dewey.  Xalional  I'roblcms  (New  Vork,  1907),  83-SS. 

3  Senate  h'cp«rt  No.  397,  45th  Cong.,  2d  Sess.,  May  2(>,  1878. 

*  Ijter  ficneral  Black  served  as  member  of  the  House  of  Representatives 
and   President  of  the  United  Slates  Civil  Service  Commission. 

s.Wjf  York:  Tribune,  lanuarv  ').  1H86:  March  2S,  1880;  April  4.  1,«87;  }i.^- 
uary  >i.  1X88;  Septenilier  K,,  ISSS;  October  2.?.  1888.  He  increased  the  rating 
of  many  pensioners,  making  the  increase  apply  to  past  years  and  carry  large 
sums  of  arrears.  It  was  charged  tliat  this  was  dene  arbitrarily  and  with 
favoritism. 


'm^F"-^jnmt 


m 


PENSIONS  AND  POLITICS 


22: 


But,  on  the  whole,  the  Repubhcaiis  derived  great  poHtical  ad- 
vantage from  tlie  pension  issue,  and  it  may  even  liave  been  the 
deciding  factor  ir.  the  Xovemlx'r  elections.'  Cicneral  Harrison 
defeated  President  Cleveland  by  detaching  Indiana  and  New 
York  from  the  states  that  had  supported  Cleveland  in  1884. 
Cleveland's  plurality  in  Indiana  in  1884  was  6,500,  and  he  was 
defeated  in  1888  by  2,300.  Associated  with  General  Harrison 
on  the  Indiana  Republican  ticket  in  1888  was  the  candidate  for 
governor,  Ceneral  .\.  !'.  llcvey,  President  of  the  Service  Pension 
Association  of  the  L'nited  States.  The  record  of  the  Republican 
party  on  pensions  and  its  promises  for  the  future  were  kept  to  the 
front  during  the  canipaign  and  contrasted  with  Cleveland's  nu- 
merous pension  \  etoes.  This  must  have  influenced  many  votes  in 
a  state  in  wliich  there  were  38.000  federal  pensioners  and  an 
indefinite  number  of  ex-soldier  claimants. 

In  New  ^■ork  Cleveland  won  by  1,047  plurality  in  1884  and 
was  defeated  by  13,000  plurality  in  1888.  There  were  43,000 
federal  jjensioners  in  that  state  in  1888  and  the  movement  for 
service-iicnsions  for  all  the  Civil  War  soldiers  was  particularly 
strong.-'  It  will  \k'  remembered  that,  although  Clevel.md  failed  to 
carry  .\"ew  V.nk  in  1888.  Hill.  DemcxTat,  for  governor  received 
19,000  plurality.  There  were  charges  that  the  difference  was  due 
to  tre.-u-herv  \,iiliin  the  Democratic  ranis.  Hut  m;iy  not  Mr. 
Cleveland's  unpopularity  with  the  e.\-sc.!diers  because  of  his  pen- 
sion record  have  had  a  large  influence  in  reducing  his  vote  in 
Xew  York? 

The  Harrison  administration  came  into  power  in  1880  stronglv 
committed  to  t'urther  pensi.ni  legislation  and  f.  a  libenil  arlniinis'- 
tration  of  the  Pension  Purcau.  Immediately  after  the  holidav 
recess  of  Coiigre-s  ni  the  winter  of  1S88-8'',  the  Pen-ion  C"o:ii- 

'  ■^•J'-  >>'<\vi's  s;i>s.  in  iiMiiiii-  inilm-cm.-nl-;  to  l.-ir.,'c  .^'ov^riitiU'iU  rvpondi- 
t.in.<  l-,n,-,ly  tlKTO  uns  M,I.U;,I.  ,n  \m\  ,1,.  pow.rfnl  i,„l„.onK.,u  of  ,!.  so- 
;■;'"';'  '■'■^','"'  .''"">■  \""'-,  ."■'"':''  "■••'^  Mw^'.■,\  to  Mavo  r.-.rrK.,l  .onu-  stat.-.in 
tlH-  1KV.S  ruction,  and  wliuh,  ni  llu-  judnmont  of  i)oliiicians.  ,o„l,I  1,^.  am- 
trolled  by  the  lari;.-s-  of  the  I\n-ion  Kiircmi.-  X,  ves  l-ortv  Vcurs  it 
.■liiu-rudn  i-iiuui,t\  l.V?-l.i4.  '      '  "  ' 

-Jiiinial  I'f  thr  2-(i  XnUoiial  E>icampmt->it.  C.  A.  R..  1888,  15r,-l,S8 


•I 


fl' 


■.f.r 


i 


:^-h 


A--W\ 


226  r EDKRAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 


niittee  of  the  G.  A.  R.  held  a  meeting  in  Chicago.  From  thence, 
by  apixjintment,  they  called  upon  President-elect  Harrison  at  his 
home  in  Indianapolis.  They  received  from  him  "the  most  cor- 
dial assurances  of  his  warm  interest  in  the  great  (juestion  of 
j)ensions  and  his  earnest  desire  for  generous  legislation  in  behalf 
of  the  defenders  of  the  Union."' 

After  President  Harrison  had  been  inaugurated,  he  made  sure 
that  soldiers'  claims  would  not  be  weighed  "with  apothecary's 
scales"  by  appointing  James  Tanner  Commissioner  of  Pensions. 
Mr.  Harrison  is  said  to  have  instructed  him  to  "be  liberal  with 
the  boys."  Tanner  was  a  vetercn  who  had  lost  both  legs  in 
service,  and  he  was  generally  known  as  Corporal  Tanner.  He 
had  served  for  many  years  on  die  G.  A.  R.  Pension  Committee, 
lobbying  for  more  liberal  pension  legislation.  Tanner  had  been  a 
claim  agent,  and  was  a  warm  friend  of  George  E.  Lemon,  the 
leading  Washington  i)ension  attorney.  He  had  the  reputation 
of  lieing  a  man  of  personal  honesty,  warm  hearted  and  impulsive. 
P>ut  he  was  an  enthusiast  alxjut  pensions  and  started  out  widi 
entire  seriousness  of  purpose  to  distribute  the  surplus  to  the  ex- 
soldiers.  Xor  did  he  hesitate  to  give  his  purpose  publicity.  'T 
will  drive  a  six-mule  team  through  the  Treasury."  he  was  re- 
ported to  have  said  in  a  public  .speech  after  his  appointment,  and 
(HI  .-.nntlic'r  occT^iou.  "(iwl  hf\yt  the  surjilus!"-  His  appointment 
gave  great  .satisfaction  l)oth  to  the  G.  .\.  R.  and  to  the  Washing- 
ton pension  attorneys.^ 

Once  in  control  of  the  Pension  P)Ureau,  Comniissinner  Tanner 
found  that  an  extension  of  the  practice  of  rerating  (which  had 
prevailed  to  some  extent  under  Commissioners  Dudlev  ami 
I'.lai-k)  aflforded  the  easiest  way  to  begin  the  distriliution  of  the 
surplus.    In  his  enthusiastic  zeal,  he  even  reraterl  ])ensioners  who 


^  J.'iinial  of  tlw  .-sd  Witional  F.iicnml'ini'ul,  G.  .(.  K..  \W).  121. 

-See  Xiitiiin,  Mav  W,  1889;  excerpts  from  v.Trions  ne-.vspapers  in  I'li'lic 
Ofinini.  .SeptemlH-r  Jl,  1889;  Indianafolis  Jnuni.il.  April  20,  1889.  Ttu-re 
may  In-  verlial  inaccuracy  in  the  remarks  attrilmted  liy  the  press  to  Prcsiijent 
Harrison  and  Commissioner  Tanner,  l)Ut  they  are  stilistantially  true  in  spirit. 

'The  Xcw  York  Times  of  March  27,  1889,  say>  the  Tanner  a[)piiintmcnt 
gave  "cxtraorilinary  satisfaction"  to  the  Washington  pension  attorneys. 


hi 


PENSIONS  AND  POLITICS 


227 


had  made  no  application  and  sent  them  checks  for  thousands  of 
dollars  of  back  pension.  Employes  of  the  Bureau  were  given  a 
generous  share  in  the  pleasant  distribution.'  Political  champions 
of  the  e.x-soldicrs  like  Senator  Manderson  of  Nebraska  were  re- 
rated  without  solicitation  and  received  handsome  sums  from  the 
Treasury.''  I'nit  l)efore  many  months  the  energetic  liberality  of 
the  Commissioner  was  halted  by  the  Secretary  of  the  Interior. 
Mr.  Xoble  wrote  him  on  July  24.  1889: 

It  may  I*  that  this  Government  is  strong  and  great,  and 
has  at  its  command  a  surplus  that  no  other  nation  has  ever 
had,  but  if  sums  of  money  to  the  amounts  above  mentioned 
may  l)e  granted  without  any  further  consideration  of  fact 
or  law  than  seems  to  have  been  given  in  these  cases,  it  will 
deijend  solely  upo.:  a  single  officer's  disposition  whether  the 
resources  of  the  Government  shall  l)e  sufficient  for  its  main- 
tenance or  not.  There  are  more  than  enough  of  these  appli- 
cations already  in  the  field,  and  increasing  daily,  to  exhaust 
mdeed  the  surplus,  of  which  so  much  has  !)een  said  in  con- 
nection with  this  matter,  and  I  am  informed  that  the  aopli- 
cations  for  reratings  are  greatly  on  the  increase,  and  now 
readi  the  amount  of  from  se\en  to  eight  thou.sand  a  week.' 

Commissioner  Tanner  questioned  Secretary  Xoble's  powers  of 


^1 


^':rl 


I 


f  1 

I 


aire  eizl^m^   nv.r  ^  7±- "  '""":',''  ''^'  "^"  Secret.iry  of  ,l,e  Interior,  sums 

aRgreKating   over  $16,000   were   paid   as   arrears   of   increase.     The   case   of 

rank   A    liults   ,s  typical      He   was   a   principal   examiner   in   the   Pension 

M^TL  'k'''"/  lil-'^,  ".-"■"■  "'^  "^'«'"=''  application  for  pension  wa 
filed  December  6,  18/9,  allegm^  disability  from  m.ilarial  disease.  He  was 
twice  e.xamined  by  boards  of  surRe.ms  and  found  not  disabled  1-inally  be 
was  grante.1  a  pension  on  March  13.  1882.  for  disability  from  malarial  poi son! 
'7  ^'  "'^-  "".  "/  57^50  from  AuKust  1,  1865.  He  was  examined  by  .rboard 
of  surseons  of  the  Pension  Office  on  April  ^},  1889.  On  Mav  .1  1889  Com- 
missioner Tanner  reissued  hi*  certificate,  allowing  the  rate  of  $17  a' month 
from  .Junust  <,  ,S6^.  and  $,i()  from  April  27.  1889;  the  total  amount  allow^ 
under  this  last  decision  being  $2,19(,.54.  which  was  paid  to  the  pensioner  on 
Commissioner  lanners  requisition.  Some  of  these  cases  were  "48  hour 
cases,  that  is,  they  were  hurried  through  an  examination  and  the  pen=io„ 
was  increa^ed  within  two  days  //„„...  /f.,-.  Doc.  Hst  Cong.,  1st  Se  s.,  lie- 
fort  of  .')t\rctary  of  hiterwr,  clvi. 

-  Commissioner  Tanner  rcrated  Senator  Manderson  without  applicatirm  or 
examination  and  sent  him  a  check  for  $4,300.  On  learning  that  the  rerating 
w^  irregular,  the  .Senator  refunded  the  money.     .Wti'  York  Times.  July  io. 

Clvit^/""'"'  '"'''  "'""  ^'"  ^""^"   '*'   ^"'^   ^^'''""''  "^  ■'^^^■'■'■''''■y  of  Intfrior, 


t\ 


.i"'i 


'^L^S.-: 


.•w:^i^-Tai: 


228  FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 


]i 

11 

If 


control  over  the  Commissioner  of  Pensions  and  indicated  an 
intention  to  deal  in  his  own  way  with  the  cases  of  the  rerated 
employes.  On  August  1  he  was  informed  that  he  was  "insul)- 
ordinate  to  the  last  detjree."'  Secretary  Xnhle  ap])ointe(!  a  lK)ard 
to  investigate  the  reratings  in  the  Pension  Office,  and  the  con- 
clusion was  reached  that  an  indefinite  number  of  them  involve*! 
a  violation  of  the  law  and  of  the  practice  of  the  Department.  It 
was  thought  to  Ite  impracticable  to  recover  by  litigation  or  other- 
wise the  money  that  had  been  actually  i>aid  out.  A  niuiiber  of 
the  employes  of  the  Pension  Bureau  who  had  been  most  directly 
concerned  in  rerating  themselves  were  dismissed.'  Commissioner 
Tanner  resigned,  and,  in  accepting  the  resignation.  President 
Harrison  said:  "It  gives  me  pleasure  to  add  ti,;  t,  so  far  as  I 
am  advised,  your  honesty  has  not  at  r.ny  time  been  calle<l  in 
question."'  In  Oct()l>er  Green  B.  Raum  was  apjxiinted  Com- 
missioner of  Pensions.  That  he  was  a  man  of  no  high  sen;.-.'  of 
official  propriety  appeared  in  the  later  investigations  of  the  Pen- 
siiin  Bureau  mider  his  administration.* 


^  House  Ex.  Dor..  5Ut  Cong..  l>t  Scfs.,  Rrl'ort  of  Secretary  of  Interior, 
clxvii. 

- //iJM.cc  E.v.  Doc..  5Ut  Cong.,  1st  Ses?.,  No. 

'  .Vt'Ti'  York  Times,  September  !3,  1880.     C<  s>ioner  Tanner  had  mailc 

the  mistake  of  undcrtakini,'  to  fulfil  literally  cai. ^aign  plcdces.  regardless  ot 
the  resirictiims  if  pension  law  and  practice.  In  an  interview  soon  after  he 
left  the  Pension  Bureau,  he  said  :  "In  fact,  the  only  information  I  had  alioiit 
the  result  nf  their  [the  investigating  fioard'sj  operations  was  when  the  Hon- 
"ratile  Secretary  hiinsclf.  one  day.  when  I  was  in  his  office,  asked  me  if  I 
knew  what  the  cnmmissicn  said  ahout  the  ojierations  of  the  Pension  I'ureau. 
I  tnid  him  1  had  not  been  favored  in  that  respect  in  the  slightest  degree. 
He  replied  that  tliey  said  I  had  granted  more  pensions  and  paid  ont  more 
money  in  the  same  time  than  ni>  distinguished  predecessor  did.  I  replied 
tliat  1  hoped  to  (lod  that  charge  was  true  on  the  record,  for  I  had  plastered 
Indiana  with  promises  la-t  fall  that  that  should  le  the  fact  if  Cienera!  Harri- 
son came  into  p.iwer  as  Prcsi'lent."     .V.'ti'  Vorh  Times.  October  21.  18.*<9. 

*  /.'.lu.vc  Reports.  ^2i.\  Cong..  Ut  Sc^s..  Xo.  W^.  On  January  6.  WK:  Com- 
missioner Kaum  issued  an  order  making  a  change  in  the  practice  of  the  Pen- 
si. m  I'ureau  atlecting  the  adjudication  of  claims.  Tlii^  c  rder  had  been 
M. light  by  (ieorge  V .  I.emon,  the  leading  Washington  pension  attorney,  and 
would  be  highly  advantageous  to  him.  It  had  been  previously  refused.  The 
next  dav  after  the  order  was  issued  Mr.  I.emon  endorsed  a  note  for  Com- 
missioner Kanm  in  the  sum  of  <12.'KK).  Commissioner  Raum  was  engaged 
in  promoting  and  selling  the  stock  cpf  various  corporate  enterprises  of  a 
higlily  -ipmd.itive  character.  The  investigation  of  the  Raum  administration 
I'rought  to  light  many  facts  and  incidents  that  showed  the  low  moral  tone 
prevailing  in  the  Pension  P.nrcau. 


CIVIL  WAR  SERVICE-PENSIONS  229 

At  the  Milwaukee  encanipnaiit  of  the  Ci.  A.  R.  late  in  Au- 
gust, 1889,  the  Pension  Committee  reix>rted  that  they  Iiad  pre- 
pared a  "disability"  bill  without  the  reciuircment  that  disability 
t)e  of  service  origin,  and  without  a  deiJendence  clause.  They  had 
also  preirared  a  ser\-ice-i>ension  bill  granting  a  jx-nsion  to  each 
honorably  discharged  veteran  at  the  monthly  rate  of  one  cent 
for  each  day's  service  in  the  Civil  War,  with  a  minimum  i>ension 
of  $8  a  month.  These  bills  were  lx)th  l^efore  Congress  in  the 
winter  of  1888-1889,  but  it  was  found  imiK>ssible  to  get  favor- 
able action.  In  view  of  the  "ajnlially  friendly  attitude  of  the 
Administration,"  the  committee  ex]>rcssed  great  ctjiitidence  that 
"l)efore  the  conclusion  of  the  next  .session  of  Congress  legisla- 
tion may  be  had  which  shall  go  far  toward  the  completion  of  the 
full  measure  of  the  Nation's  indebtedness  to  the  men  who  de- 
fended her  Hag."'  In  their  report,  the  committee  also  gave  a 
review  of  their  achievements  since  1881  in  seairing  pension  legis- 
lation. Their  confidence  in  future  success  proved  to  l)e  well 
foundcfl,  and  the  first  .session  of  the  new  Congress  saw  finally 
the  approval  of  a  law  establishing  a  pension  system  for  Civil  W'ar 
soldiers  Iiased  on  a  sliort  term  of  service  com')ine<l  with  the  ex- 
istence of  disability  not  of  service  origin. 

In  his  first  annual  me.ssage  in  Decemter,  18P9,  President  Har- 
rison advocated  the  extension  of  the  jiension  laws  bv  the  passage 
of  a  Dependent  Pension  Bill. =    He  said: 

The  law  now  provides  a  pension  for  even,'  soldier  and 
sador  who  was  mustered  into  the  service  of  the  United 


Hi 

I 


|:«l 


Journal  of  ^,-</  .V,;r/.ni,i/  lUuamfmcnt.  G.  A.  R..  18.S9.  121-124.  This  en- 
campment also  p.isscii  the  foll.nviiiR  resolution  end.TsinK  Comm-isioner  of 
tensions  Tanner:  -Rcsohcd.  That  we  thank  the  President  of  the  United 
.states  for  Ins  appomtment  of  our  comra<le.  lame<  Tanner,  as  Commissioner 
of  I  ensions,  and  that  notwith-tan.hnK  the  assaults  up.in  him,  we  declare  our 
C'.tilidencc  m  his  integrity  and  our  approval  of  his  av.nved  purpose  to  do  all 
that  IS  |X)ssd-le  to  he  done,  under  the  laws  of  the  land,  for  the  veterans  of 
the  war;  and  with  hnn  we  a>k-  f.ir  the  fullest  investipation  of  the  manage- 
ment of  his  offic-e."  This  resolutiiin  was  adapted  as  a  suh.titutc  for  extreme 
.and  oiits|v.ken  resolutions  condemning  "in  unmeasured  terms  the  wicked  and 
mahsTiant  criticism  of  our  distinguished  comrade."  Comrade  fanner  asked 
that  the  resolutions  first  ofTer.-d  he  withdrunn  as  "inopportune  ,at  this  time" 
Ibid..  Ui.V-lfo. 

^Abridgment  of  Mcssaijc  urd  PoiUiiirnts.   18S9-1,*)0.   24. 


**»^ 


230  FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 


States  (luring  the  Civil  War  and  is  now  suffering  from 
wounds  or  disease  having  an  origin  in  the  service  and  in  the 
line  of  tluty.  Two  of  the  three  necessary  facts,  z-ic,  muster 
and  disability,  are  usually  suscejjtihle  of  easy  prcxjf ;  but 
the  third,  origin  in  the  service,  is  (iften  tlititicult.  and  in  many 
deserving  cases  imiJossible  to  establish.  ...  1  am  not 
unaware  that  the  i^ension-roll  already  involves  a  very  large 
annual  exi>en(liture,  neither  am  1  deterred  by  that  fact  from 
recommending  that  Congress  grant  a  i)ension  to  such  hon- 
orably ilischarged  soldiers  and  sailors  of  tiie  Civil  W  ar  as 
having  rendereil  substantial  service  during  the  war  are  now 
dependent  upon  their  own  lalxir  for  a  maintenance,  and  by 
disease  or  casualty  are  incapacitated  from  earning  it.  Many 
of  the  men  who  would  be  iticluded  in  this  form  of  relief 
are  now  dependent  upon  public  aid,  and  it  does  not,  in  my 
judgment,  consist  with  the  national  honor  that  they  shall 
continue  to  subsist  upon  the  loca'  relief  given  indiscrim- 
inately to  paui)ers  instead  of  upon  the  .special  and  generous 
provision  of  the  nation  thev  servetl  so  gallanllv  and  unself- 
ish! v. 


This  recommendation  evidently  contemi)lated  such  a  measure 
as  I'resident  Cleveland  had  vetoed — much  less  than  was  askeil 
for  by  the  G.  A.  R.  Pension  Committe'?,  which  was  opposed  to  any 
requirement  of  dependence  or  indigence  on  the  ])art  of  the  soldier. 

Many  and  varied  pension  bills  were  introduced  iiUo  lK)th 
Houses  in  the  51st  Congress.  The  Senate  gave  the  right  of  way 
to  a  Dependent  Pension  Bill  introduced  by  Mr.  Davis,  which  had 
the  unanimous  support  of  the  Senate  Committee  on  Pensions.' 
Its  principal  provision  granted  a  pension  of  $12  a  month  to  sol- 
diers who  served  three  months  in  the  Civil  War,  were  so  dis- 
abled as  to  1k'  incapable  of  suinjiorting  themselves,  and  were  de- 
pendent on  their  daily  lalx)r,  or  on  the  contributions  of  others 
not  legally  bound  thereto,  for  their  su]>iK)rt.  It  was  in  harmony 
with  the  recommendation  in  President  Harrison's  message.  The 
estimated  cost  of  the  bill  was  $36,(XK),000  annually.  Efforts  to 
strike  ont  the  "dependence  clause"  and  to  provide  for  graded 


•O'liy.   h\\ord.  51st  Cong..   1st   Sc^s.,   P.nrt  2.   1796. 


CIVIL  WAR  .SKI<\ICi:-ri:NSI()N.S 


231 


(lisabiiity  rates  of  from  $6  to  $12  were  defeated.  Senator  I'liinib 
ijf  Kansas  offered  an  amendment  to  re]>eal  the  arrears  limitation. 
He  said  that  the  cost  of  such  a  step  was  estimated  at  from  $470,- 
(XM).()(K)  to  S5lK},(XX).(XX),  JHit  tliat  the  soveninient  ou^'ht  to  recoj;- 
nize  the  claim  re},'ardless  of  cost.  This  amendment  received  only 
nine  votes,  hut  it  is  interestinj;  to  nf)te  that  ainonj;  them  was  that 
of  John  Sherman,  ten  years  liefore  one  of  the  .strongest  opponents 
of  the  arrears  hill.'  The  Dei)endent  Pension  liilj,  sul)stantially 
in  the  form  desired  l>y  the  Senate  CJ)mmittee,  pas.^^ed  the  Senate 
March  31.  18<X).-' 

In  the  iIou.se  there  was  much  sentiment  f.)r  a  service-pension 
l)il]  instead  of  a  dependent  hill.  This  was  in  response  to  peti- 
tions and  memorials  that  were  coming  in.  On  Kei)ruary  6.  Mr. 
McKinley  presented  an  ai>jieal  from  Governor  A.  P.  Hovey  of 
Indiana.  President  of  tlie  Service  Pension  Association  of  the 
L'nited  States,  and  the  resohitions  of  the  C.rand  .\nnv  jxhsts  of 
forty  states  and  four  territories,  for  the  passage  of  a  service- 
pension  hill,  as  recommended  l>y  the  ('.rand  Arm\  of  the  Republic 
at  tlie  encampments  at  Cohmii)ns  in  1888  and  at  Milwaukee  in 
188').'  Now  that  the  Republicans  were  in  iK)wer,  they  wished 
to  satisfy  the  ex-soldiers  without  going  to  extreiues  which  would 
prove  too  costly.  Hut  the  House  was  disposed  to  go  farther 
than  the  Senate  and  pass  scr\-ice-pension  legislation.  Many  K'e- 
pnbjicans  maintained  that  their  party  was  committed  to  -  ich 
legislation.* 

On  .\pril  7.  Mr.  Morrill  of  Kansas,  for  the  House  Conmiitte" 
on  Invalid  Pensions,  attempted  to  get  a  twothirds  vote  to  sus- 
pend the  rule.s.  strike  out  all  after  the  enacting  clause  of  the 


n 


r 


> 


'  Oku;.  Record,  51st  Cong.,  1st  S^ss.  Part  3,  2«4() 

'Ibid..  2846. 

'Ibid..  r.irt  2.  1110-1115. 

*  For  instance,  Mr.  Joseph  I).  Taylor  of  Ohio  said  that  (ieneral  Hov.y  aiul 
President  Harrison  had  carried  Indiana  in  1888  on  the  issue  of  .servict- 
pensioiis  as  compared  with  the  Democratic  promise  of  "dependent"  pen-ions 
Said  .Mr,  Taylor:  "Deny  it  if  you  wish,  forget  it  if  vou  can.  hut  the  fact 
remains  that  it  was  the  position  taken  by  the  Repubhcan  party  in  the  pension 
question  tliat  gave  lo  that  party  the  Presidency  in  1«88  and  its  present  con- 
trol of  both  Houses  of  Congress."  Cony.  Record,  51st  Cong..  1st  Sess  Part 
5,  4055. 


'tl 


'A^mm.^. 


^iSi^FVW 


■;'»'Erp  i 


232  FKDKUAL  MIMTAKV  PFCNSIONS  IN  THE  UNITED  S'^ATES 


Senate  Dei>eii(leiit  Pension  Bill,  and  substitute  a  House  bill 
which  would  pive  a  senice-pension  of  $8  a  month  to  soldiers  who 
served  ninety  days  in  the  Civil  War  and  were  (>2  years  old,  and 
to  those  who  were  not  62  years  old  a  {X'nsion  of  $8  a  month  if 
they  were  disabled,  without  rej^fard  to  (k*]K'ndence.'  It  was  esti- 
mated that  this  substitute  wouUl  cost  $4(),(X)0,(XX)  annually.  After 
a  paitisan  debate,  the  substitute  failed  to  get  a  two-thirds  vote 
(yeas,  16');  nay>.  STi.- 

C)n  Ajiril  30.  the  Committee  on  Rules  brought  in  a  special 
rule  for  the  consideration  of  Mr.  Morrill's  sutjstitute  for  the 
Senate  bill.'  Under  this  nile  the  bill  was  debated  and  |)as.sed, 
with  an  amendment  reducing  from  62  years  to  6()  years  the  age 
at  which  a  soldier  could  receive  the  service-and-age  ])ension.  The 
final  vote  was  179  to  71. 

The  Senate  referred  the  House  substitute  for  its  whole  bill 
to  the  Committee  on  Pensions,  which  made  an  extended  report 
(No.  989)  on  the  two  measures,  and  recommended  nonconcur- 
rence  and  a  conference.  Cnnfcrence  committees  labored  over  the 
disagreements  I)etwcen  the  two  Houses  for  several  weeks.  The 
Ci.  A.  R.  Pension  Committee  was  granted  a  hearing  by  the  con- 
ferees.* l'"inally  a  compromise  bill  was  agreed  upon."  The 
House  permitted  the  scrvice-and-age  pension  feature  to  l)e  struck 
out.  The  Senate  gave  up  the  "dependence  clause"  and  agreed 
to  a  graded  rate  of  from  $6  to  $12  a  month  instead  of  a  single 
rate  of  $12.  A  small  but  very  impirtant  change  was  the  in.ser- 
tion  of  the  word  "manual"  l>efore  the  word  lalxir  in  Section  2 
of  the  bill.  So  far  as  soldiers  were  concerned,  the  Senate  Depen- 
dent Pension  Bill  had  Ix-en  changed  into  a  Disability  Pension 
Pill.     The  bill,  however,  contained  a  provision  for  widows  with 


'  Coiui.  R.-i-ord,  .ilst  Cons..  1st  Sesp..  Tart  .1  .31!.=;. 

2//>i(/..  Pnrt  4,  .3120.  Illu'-t  atinir  the  partisan  charao'er  nf  the  ilisciis-ion, 
Mr.  tl.'nilirsnii  of  I,,„a  saio :  "Wi-  intend  to  tie  evcrv  Democratie  hand' 
that  hn<  a  i!a.,'i.'er  f.>r  the  -O.Ii,  r  in  it.  f  Applanse  ..n  Reiinhhean  side.l  This 
hill  will  K'ivr  the  l,ny.  $40,(l(K).nOO.  and  if  n..(  pas-ed  it  will  he  hv  Democratic 
votes  th.at  it  will  he  d;-feated."     [.Xpplause.] 

5  Ihid..  Pnrt  4.  402(). 

*}ouriwl  of  II,,-  ^ith  Xatioiuil  Encaml^mc.it.  G.  A.  R  ,  1890,  168. 

^Conij.  Record,  .Slst  Cong.,  1st  Scss.,  Part  6,  5944. 


''lit' 


ci\iL  WAR  si:r<vicr:-PENSioNs  2.^3 

the  requirement  <>i  'MeiKMuknce  nixjti  daily  labor  for  support" 
retained.  Mr.  .Morrill  said  in  the  House  that  the  bill  as  aj,'ri-ed 
upon  by  the  conferees  would  cost  alx)ut  $35.<)(3(),(KK)  per  annum. 
In  the  Senate,  Mr.  Davis  estintated  the  annual  ccst  at  alM)ut 
$4 1  ,(XX),0(K). '  lie  said  that  estimates  re,u.irdin<,'  the  cost  <>f  pen- 
sion legislation  were  in  their  nature  conjectural.  "Tlic  grouiKU 
and  confines  of  the  whole  (;uestion  are  conflicting,  vaguo, 
shadowy."  Senator  (lornian  thought  that  the  bill  might  co^t 
$"9,00(),aX)  a  year.  Much  partisanship  was  shown  in  the  debate 
on  the  conference  reiwrt  in  the  Senate.  Mr.  (iornian  charged 
that  the  Republicans  had  made  pen.sions  a  party  matter,  and  that 
the  (piestion  had  l)een  "kicked  around  as  a  football  on  ever>- 
stumj)  in  the  land."'  However,  the  bill  reported  from  conference 
pa.s.sed  lK)th  Houses  easily  and  was  signed  bv  President  Harrison 
on  June  27.  IS'X).' 

It  has  seemed  worth  while  to  descrilw  the  movement  leading 
up  t(5  the  i>assage  of  this  law  in  consi(lera!)Ie  detail,  for  it  estalv 
lished  an  entirely  new  system  of  iKusions  fc.r  Civil  War  so'diers 
and  their  dependents,  and  proved  to  k-  the  most  costlv  i)ension 
law  ever  enacted.  I'.vcn  the  exacting  r,.  .\.  R.  Pension  Committee 
was  fairly  well  satisfied.  They  reported  at  the  next  encamp- 
ment; "While  not  just  what  we  asked,  it  is  the  mo.>t  lik-ral  pen- 
sion measure  ever  i)assed  bv  any  legislative  I>ody  in  the  world, 
and  will  place  upon  the  rolls  all  of  the  survivors  of  the  war  whose 
conditions  of  health  are  not  practically  i>erfect."  They  said  also 
that  they  had  assurances  "from  the  officers  of  the  government, 
in  whose  hands  is  the  administration  of  this  law,  that  it  is  to  Iw 
construed  very  liUv-al!}   inwards  the  veterans  (if  the  war."' 


itrs- 


cr 


m 


■^t^ 


mi 

■  i'  1 


'  Conii.  h',\oi(l.  5\<t  Ci.m,'..  1st  Si-<~..  Part  h,  5%9 

■'  ri'ui..  P.nrt  7.  t,}75-:\r,7. 

^  r.  .v.  Sliiliitr.i:  <!.'  /.,;>-(„•.  xxvi.  18.'-l,«.i. 

*  Journal  «f  tlw  J/lh  Xali  'lui:  Enaimtmntt.  C.  .1.  ,V.,  18*).  U,9  Tin's  rn- 
cimimu'iit  was  hcUl  al  Itostmi  ami  was  attended  hv  I'rr-idcnt  llarris.m  who 
was  cniluisiasti.ally  ricviM-d  :.s  lie  reviewed  t'le  firand  F'.arade  and  partiei- 
patrd  in  other  ovent.s  ,,f  the  ineasi.in.  He  said  at  one  of  the  lian(|iie'.s  :  'it 
IS  not  tny  purpose  tonight  to  address  you  in  extended  speech,  lint  only  to  say 
that,  whether  walking  with  \,ni  in  the  private  pursuits  of  life  or  holdnii;  a 
place  of  oflTicial  responsiliility.  I  can  never  in  either  fortret  those  who  upheld 
the  Hag  of  this  nation  in  tlMse  days  when  it  was  in  peril,"     {UnofHcial  Pro- 


i;  I 


234  FEDERAL  MILITARY  I'KNSIONS  IN  THKCSn  10  STATKS 

The  l)i>al.ilitv  rciisi.m  A.t  of  18"()  las  it  should  1*  callcl  I 
wa.-  reallv  a  s<.-rvice-i)<;n>iun  law  subject  lu  a  liinitati..n— the  ex- 
istence in  ai-.plicants  of  .lisahilities.  regardless  of  ori^'in.'  The 
onlv  re(iuireinents  of  a  military  character  weie  ser^■icc  of  ninety 
davs  or  more  .iarint;  the  l  iv;i  W  ar  an.l  lionoral.le  discharjje.  N. 
far  as  soldier  aii)licants  were  cuncenied.  the  vital  part  of  the  act 
was  SeJtion  2.     It  provided: 

That  all  persons  \\W    -trved  ninety  days  or  more  in  the 
military  or  naval  service  of  the  United  States  diiriiiK  the  late 
\\;ir  (»f'the  reU-llion  and  who  have  lieen  honorably  discharged 
therefrom,  and  win.  are  n-w  or  who  may  hereafter  be  suf- 
fering from  a  mental  or  physical  disability  of  a  i<-rmanent 
character,  not  the  result  of  their  own  vicious  habits,  which 
incapacitates  them   from  the  j>erfonnance  of  manual  lalxjr 
in  such  a  dej;ree  as  to  render  them  unable  to  earn  a  sui>port, 
shall,  ui)on  making  dite  pro<,f  of  the  fact  according  to  -uch 
rules  and  regulations  as  the  Secretary  of  the  interior  may 
provide.  I>e  placer  upon  the  list  of  invalid  pensioners  of  the 
United  States,  and  K-  entitled  to  receive  a  pension  not  ex- 
ceeding twelve  dollars  j'er  month,  and  not  less  than  six  dol- 
lars per  month,  i>roportioned  to  the  degree  of  inability  to 
earn  a  sujiport ;  and  such  pension  Miall  commence  from  the 
date  of  filing  the  applicatii>n  in  the  Pension  Office  after  the 
])assage  of  this  act,  ujKin  proof  that  the  disability  then  ex- 
isted, and  shall  continue  during  the  existence  of  the  same. 

Persons  alrea<ly  jiensioned  under  the  general  laws  were  jK-r- 
mitted  to  apply  under  this  act.  and  pensioners  under  this  act  might 
apply  under  the  general  law  system.  P.ut  no  jHjrson  could  receive 
more  than  one  jR-nsion  covering  the  same  iiericKl  of  time.    It  was 

c-cdiiuis  2>S  )  The  encamiiimnt  passed  resolutions  unanimously  thankinR 
Conpri-s^  "for  the  most  liberal  ^\-tem  of  I'tnsion  laws  ever  enacte.l  ami 
thankint!  thi-  President  of  the  UnUed  States  "for  the  evidence  Riven  of  his 
sympathv  with  his  comrades,  by  his  prompt  action  in  pviiiK  his  cheerliil 
approvaf  to  the  disahilitv  bill,  which  has  lately  become  a  Law.  There  was  a 
str.mK'  -entiment  in  favor  of  discontinuing  otKani/ed  effort  to  secure  a 
;traiv;ht  service-pension  bill,  and  rrsolutuns  were  offered  to  that  effect^ 
C.^mrade  (;,ivernor  Hovey  of  Indiana  presented  resolutions,  saying:  We 
demand  the  pa^^a.-e  of  a  service-pension  b-.H.'  1  he  adv.^ates  ot  service- 
penMons  won  bv  174  to  \(i<.    Jf.inui!.  254. 

'  K.Ncept  ti:at  d-sabibt'es  cau-^ed  I'y  vicious  hal'its  were  not  pensionable. 


% 


ACT  OI'  JIM 


WO 


CNjiccU-d  tliat  a  lar;;f  iuiiiiUt  >iI  ilu'  jci 


i^ii.iKT-i  alrcatlv  roceiviiij; 


small  rates  iiiultr  the  {^ciici  al  law 


illd  tilid  it  jxp-slhle  to  rcii-. 


lar^ 
la\\ 


cr  jK.'iiMi>n- 


undiT  the  ail  <>t   iK'ii,  U'caiisc  iiinlcr  tlif  laiter 


ihev 


coll  I  < 


1  he  rated  for  disal>iliiie>  not  ot  service  origin. 


llie  act  of   WK)  aKo  extended  to  a  new  class  of  widows  the 


henetits  of  the  iKfiisioii  law- 
soldier  could  not  < 


iM.rinerlv  the  widow  of  a  Civil  War 


(htain  a  i>ensioii   unless  slie  ino\ei!   that   her 
hushand's  death  was  the  conse(|Hence  of  causes  ori^dnatiiiK  in  the 
military  service.     After   18'Ht  the  widows  of  tluxe  who  served 
ty  days  or  more  in  the  (.  ivil  War  and  were  honorably  dis- 
ntitled  lo  he  in-nsioiied  at  the  rale  of  ei^^ht  dollars 


nine 


charged  were  e 

per  month  withe JUt   rej,Mrd  to  the  cai 


-e  of  the  soldier's  death. 


I)rovi(led.  liowe\er,  that  the  widow  aiipHcant  married  tiie  -oldier 

IciR'iideiit  iii>oii  her  daily 


I>efore  June  27.  1^!'H>.  and  that  she  wa-  « 
lalior  for  suii])ort.     The  widow's  rate  of  ei},dit  dollar-  a  month 
IKired  with  twelve  dollars  then  heinj;  paid  to  tlio-e  widows 


ci  -m 


'tiider  the  f,'eneral  law  system,  who  had  married  the  -  t  prior 
to  March  1^',  1HX6.  As  was  ]>rovided  under  the  m-  en.,  iav. ,  so 
'inder  the  act  of  IN'Ki  an  ailditional  allowance  <-i  twi>  dollar-  ])er 
th  wa-  made  for  each  child  of  Uie  dec-eased  soldier  under  the 


niiui 


on. 


afje  ot  sixteen  years.  KemarriaLre  terminated  a  wnlow  s  pensn 
In  case  of  death  or  reiiiarriat,'e.  the  pcnsidn  continued  lo  Ik-  paid 
to  any  survivinj,'  children  of  the  soldier  unlit  they  reached  the 
a{:;e  of  sixteen.  When  a  minor  child  was  insane,  idiotic  or  other- 
wise permanently  helpless,  the  act  of  IH^K)  continued  the  pension 
durinjj  life  or  diirinj;  the  jitriiMl  of  disalxilily.' 

.\ttornevs'  fees  under  the  act  of  18W  were  limited  to  ten 
dollars. 

As  a  pension  law  under  which  «;r.<\'^T).(")00  or  S"0.0OO.r)0O  a 
year  was  paid  from  the  nafonal  Treasury  for  a  lonj;  jx'riod  of 
time,  the  act  of  IH'X)  seems  to  the  writer  lo  l>e  oi)en  to  many 
and  .E^rave  ohjections. 


'  Mi'titinn  <1;in'I(I  .il-n  be  m.ide  i.f  nn  art  of  AuL'ii'it  5,  lf92.  iUnitrd  Stjtes 
Statutes  at  Large,  xxvii.  348)  Kr:"iting  servict-|irnsic>n-  tn  the  army  nurses 
of  the  Civil  \\';ir  at  the  rate  of  twelve  lii.lUir-  a  montli.  Nurses  were  ehjiihie 
who  had  server  six  rridntlis.  and  had  heeti  hi>iv>rahly  reheved  fron>  seni.  e. 
provided  they  were  unaljle  to  earn  a  support. 


'A 


m 


lUi 


MM-w*m^. 


J36  KKDl'R.M.  Mil  ITAKV  I'l.NSK  )NS  IN  THK  LNITM)  ST  \Ti;> 

The  only  miuirement  of  a  military  character  exacted  -'f  the 
hundreil^  of  thousands  of  l)eiietkiaries  iiiulcr  this  act  was  a  ser- 
vice of  ninety  days  or  more  in  the  Civil  \\  ar  and  honorable  dis- 
chaik'f.  Tins  placed  the  three  niont'n,'  man.  s\ho  was  perliap^ 
never  in  Katile  or  active  >ervice,  on  the  same  basis  with  the  s^.ldier 
wh  .  eniliired  tiie  ri>ks  :m\  hard>liii)s  of  three  or  four  Ion;,'  years 
of  warfare,  \\  here  service  t;ave  ilie  only  color  of  claim  to  ;■  peii- 
Mon.  lon^'.  (laiiKcrous.  and  meritorious  service  received  no  m- 
|)erior  consideration  over  brief  and  inactive  service. 

I'nder  the  act  of   1S'»0  pensions  were  granteil  to  ex-soldier-, 
for  incai)acity  to  perfonn  riMnmil  hihor  in  such  a  degree  as  to 
render  them  unable  to  earn  a  support.      Kates  of    from  six  to 
twelve  dollars  a  month  were  provided,  proportionetl  to  the  decree 
of  inability  to  earn  a  support.     But  a  man  might  be  in  receipt  of 
a  comfortable  or  handsome  inome  from  his  services  as  a  skilled 
worker,  salesman,  clerk,  lawyer,  physician,  public  official .  basiias, 
m.iii,  t.r  banker  without  thereby  l>eing  ineligible  for  a  ixtisioii. 
The  law  inquire-l  only  .k  to  the  ability  of  the  applicant  U>  i)eri<)rm 
inide  manual  labor,  and  rated  in  an  ar!)itrary  manner  those  physi- 
cal and  mental  ills  which,  when  of  a  i)ermaiu'nt  character,  would 
hamper  a  man  in  i)erfoniiing  such  lalxm     I'or  the  favored  class, 
the  act  of  18W  provided  what  was  practically  a  si)ecies  of  paid-up 
iuMuance  against  Ixidily  disability  of  a  i)ermanent  character  caused 
by  accident  or  chronic  disease.     The  premium  was  a  service  of 
nimtv  <lays  or  more  during  the  Civil  War.     Pensions  were  pro- 
vii'.cd   for  the  highly  jaid  but  rheumatic  lawyer,   for  the  pros- 
perous business  man  hurt  in  a  street  accident,  for  the  ex-soldier 
jniblic  official  with  heart  disease,  and  for  the  mechanic  who  had 
lost  a  hand  in  an  industrial  accident.     It  was  well  to  have  diesc 
ills  of  life  provided  for.  but  (luestionable  whether  military  rea- 
sons retiuired  the  i>rovision  to  l)e  made  at  the  exjK'nse  of  tb.e 
general  ta\i>ayer. 

\\\  reason  of  the  striking  out  of  the  "dependence"  clause,  the 
act  of  IS'^O  made  n'>  distinction  in  granting  iH'nsions.  so  far  as 
fonncr  soldiers  were  concerned,  iHtween  those  in  affluent  cir- 
cumstances and  the  poor.    Wealth,  income,  salary,  ability  to  make 


1  =s^.ai.-:  -i   ,^rj,.£cxu  jua,-. 


ACT  OF-  Jl'NK  27,  1890 


2.?7 


:i  >,'u(.<l  luiMK  were  iKiwral.  The  act  was  nut  a  national  gratuity 
■r  .li;;inlic-.|  lorni  >>{  relii-t  lUr  inilij^ciit  and  inlirni  veterans,  a> 
omteniplated  l.y  tiie  adv..cate>  ui  a  Deiiendent  I'ensinn  I'.ill,  tor 
it  peiiMone  1  alike  the  rieh  and  the  iHK.r,  tlie  pn.sixTous  and  llie 
nni)n»|)eruns.  It  was  not  a  reward  for  long  and  nientoiious 
■-erviie  in  the  anny,  for  it  treated  tlie  tlirce  months'  man  in  ex- 
iutlv  tlie  >ame  way  as  the  soldier  who  fought  thrungh  the  wlmle 
war.  It  was  not  a  comi^nsation  for  injuries  and  disease  <on- 
tracted  in  the  eamp  or  on  the  l>attle-field,  for  it  i>ensione<'  lor 
mental  and  phvNieal  disabilities,  whenever  and  wherever  incurred, 
excejit  those  riNultinj,'  tmm  vicious  habits.'  It  was  not  -vcn  a 
national  reco^,'nition  <it  a;,'ed  veterans  in  the  dosing;  years  of 
life,  like  the  kevohitionary,  War  of  IHIJ.  .md  Mexic.in  War 
-ervice-jH-Mision  acts,  for  the  men  who  were  iwenty-tive  years  old 
in  1X6.=;  were  only  fifty  in  18'H).  Rather  it  was  a  measure  cal- 
culate<l  to  brin^'  about  dependence  on  public  aid  and  the  sinnila- 
tion  of  lK)dily  ills  on  the  part  of  those  who  were  'U  ordinary 
l)hvsical  condition  for  their  time  of  life  and  well  able  to  care  for 
themselves.  There  was  every  encouratremcnt  to  the  ex-soldiers 
to  discover  in  themselves,  and  mafjiiify-  ailments  which  would 
have  U'en  little  noticed  but  for  the  pension  law  s.  In  the  words  of 
the  ('..  .\.  R.  Pension  Committee,  the  act  of  1800  was  calculated 
to  place  upon  the  pension  rolls  "all  of  the  siirvivt)rs  of  the  war 
whci-e  conditions  ..f  health  are  not  jiractically  ix-rfect."- 

.\s  for  widows"  pensions,  the  act  of  18'H)  made  it  pissible  to 
.C'rant  military  pensions,  regardless  of  the  cause  of  the  husl>and'.s 
ileath.  to  widows  who  were  unborn,  or  merely  small  children, 
when  the  Civil  War  ended.  The  law  did  orijjinally  limit  these 
pensions  to  widows  who  were  deiK>ndent  upon  their  daily  lalxjr 
for  sup])<)rl.  but  a  later  amendment  cstablisjied  a  more  litxTal 
rule.  This  i)rovision  especially  iK-nefited  yount,'  women  who, 
lontr  vears  after  the  war,  married  mid<lle  a,tred  or  elderly  ex- 
soldiers.     It  is  hard  to  sec  \v!iy  such  widows,  and  children  born 


'  Sic  arti>-i<-.  "A  C'-tlv  FtiiMnn  I.,iu.  Act  of  Jiuk-  27.   l,s<X),"  in  South  .11- 
,',ni.'i,-  ni(iiri,<lv  tnr  Ootobtr.  1<K)4. 
-Jvunuil  of  the  Jith  X.Jti-  »a!  Encamfmcot.  G.  A.  R.,  1S90,  IW 


238  FEDFCRAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

of  such  marriages,  are  more  deser\ing  of  national  aid  than  the 
dependent  widows  and  children  of  other  loyal  citizens  who  were 
never  called  upon  to  perform  military  service.  The  exi>erience 
of  the  Pension  Bureau  has  also  l)een  that  the  desire  on  the  part 
of  young  widows  to  retain  i)ensions  has  freciuently  resulted  in 
immoral  alliances  rather  than  in  remarriages  which  would  cause 
the  loss  of  the  pensions.' 

The  circumstances  of  the  passage  of  the  act  of  1890  are  not 
in  its  favor.  It  was  not  enacted  solely— hardly  priiicii>nlly— <  m  its 
merits  as  a  jiension  measure.  It  was  the  high  bid  for  the  iK>litical 
supjjort  of  the  450,000  G.  A.  R.  men'  and  other  cx-soldiers,  with 
both  the  Republican  and  the  Democratic  i^rties  bidding.  To  the 
professional  iwlitician  it  was  a  way  to  spend  the  surplus  which 
appealed  to  the  sentiment  of  the  people  and  which  also  promised 
to  prixluce  votes  for  the  candidates  of  the  party.  Undoubt-flly, 
in  i>assing  the  act  of  1890,  the  Republican  Congress  and  na  al 
administration  attached  strongly  to  that  party  the  great  majority 
of  the  G.  A.  R.  voters.  While  the  G.  .\.  R  remained  avowedly 
non-partisan,  it  was  generally  conceded  that  Democrats  were 
rather  scarce  in  the  organization. 

Before  it  was  largely  supersedecl  in  1907,  the  act  of  1890  cost 
the  country  over  .S1,0("K\000,0(X"),  as  shown  by  the  tabic  on  i)age 
270.  This  amount  was  raised  by  customs  and  internal  revenue 
taxation  upon  all  the  people  of  all  sections  of  the  country  ami 
l)aid  out  to  the  favored  class.  The  propriety  of  this  use  of  the 
p)wer  of  taxation  to  redistribute  wealth  depends  uikmi  the  justi- 
fication of  the  act  of  1890  as  a  utilitary  fyrnsion  la-ii\  If  it  was 
unsound  in  principle,  extravagant  in  cost,  poorly  guarded  in  ad- 
ministration, a  leading  method  of  .listributing  surplus  for  ]x>liti- 
cal  effect,  then  it  was  an  imposition  upon  the  taxixayers  of  the 
countrv.     To  a  great  extent  the  necessities  and  comforts  of  the 


•  l':iclcr  the  Roner.il  law  pension  system,  it  tlic  wiilnw  can  tr.iie  the  cause 
whiili  linallv  l.p'iiKlit  atxuit  liiT  lui'<l)anirs  dcatli  hack  to  an  origin  in  his 
arnu  vir\K<-,  >iu-  can  nlitain  a  ptn'ion  without  rcKanl  tn  tlio  date  of  her 
marnaMC.  In  extreme  cases  this  lias  hr'Hinht  ahout  marriages  of  youtiK 
women  to  a^ed  veterans  whom  death  was  just  alcHit  to  ,  laiin 

-Jnurnal  i<f  the  .'tlh  Xalional  liiioimtmi-iil,  G.  J.  R.,  18W,  10. 


ACT  OF  JUNK  37,  1890 


239 


poor  were  taxed,  and  the  resulting  funds  paid  out  in  gratuities  to 
l>ersons  who  were  Ix'tter  ott  than  a  large  ]>ro[X)rli()n  of  the  tax- 
payers. After  a  quarter  of  a  century  hail  elapsed  .since  the  clivse 
of  the  Civil  War,  the  act  ni  1890  ojierated  to  distribute  hundreds 
of  millions  of  dodars.  raised  from  the  taxation  of  the  whok- 
country,  almost  exclusively  in  the  .sections  and  states  from  which 
the  Union  armies  were  recruited.  Upon  the  reasonableness  and 
propriety  of  the  act  as  a  pension  measure  depends  the  justice  of 
such  a  distribution. 

The  system  of  Civil  War  ])ensions  established  by  the  act  of 
1890  left  the  l>asis  of  the  ratings  from  $6  to  $12  a  month  to  l»e 
determined  by  the  Pension  Bureau.  This  matter  was  the  subject 
of  much  controversy.'  Under  Commissioner  of  Pensions  Raum, 
who  was  pledged  to  a  very  lit>eral  administration  of  the  law,  an 
order  was  issued  (Order  No.  164)  on  Octol)er  13.  1890.  provid- 
ing that  pensioners  under  the  act  of  18*X">  who  had  disabilities 
which  under  the  general  law  system  would  l)e  rated  at  or  above 
$6  and  less  than  $12  should  receive  the  same  rates  as  though  their 
disabilities  were  of  .service  origin.  If  pensioners  under  the  act 
of  1890  had  disabilities  which  would  l>e  rated  at  or  above  S12  a 
month,  if  of  service  origin,  then  they  were  to  receive  S12  a  month. 
This  methwl  of  rating  was  highly  advantageous  to  itersons  with 
minor  disabilities  not  of  service  origin.  For  instance,  a  man  who 
had  a  permanently  stiffened  (anchylosis  oft  wrist  would  get  $8 
a  month — the  same  rate  as  under  the  general  law — while  a  i)erson 
who  was  totally  blind  (  from  causes  n"t  of  service  origin  (  could 
receive  oniy  $12  a  month. 

Under  the  Raum  adininistratiin,  clainrmts  were  also  jser- 
mitted  ti>  combine  various  small  and  nominal  ratings  for  slight 
disabilities  and  thus  to  make  U!>  :in  aggregate  that  would  entitle 
ti'  a  pension.  l"or  instance,  a  claimant  might  cmnbine  a  $4  rating 
for  rheumatism,  a  $2  rating  for  nasal  catarrh,  and  a  $2  ratii\g 
for  the  loss  of  a  little  finger,  and  by  reason  of  the  aggregate  of 
the  disabilities  receive  an  $8  a  montli  i>ension.     However,  this 


'  .\n  extended  disrussion  of  tlio  ^iilijeot  i<  contained  in  the  report  of  the 
Commissiiiner  of  Pensions  for  1899. 


240  l-EDF.RAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

practice  oi  combining  small  rates  under  the  act  of  1890  was  dis- 
approved by  the  Department  ui  the  Interior  in  Jatiuary.  1893. 
It  was  then  held  that  in  the  aggregate  such  small  disabilities 
might  not  disable  a  person  for  the  performance  of  manual  labor 
to  a  much  greater  degree  than  any  one  of  them  existing  alone. 

In  President  Cleveland's  second  administration,  the  Depart- 
ment of  the  Interior  and  the  Bureau  of  Pensions  under  Com- 
missioner Lochren  imerpieted  the  act  of  1890  in  a  much  more 
restricted  way.  Commissioner  Raums  Order  No.  164  was  ab- 
rogated. It  was  held  that  disabilities  under  the  act  of  1890  were 
on  an  entirely  ditiferent  footing  from  disabilities  of  service  origin 
under  the  general  law  system.  Different  systems  of  rating  were 
adopted,  the  system  under  the  act  of  1890  taking  into  considera- 
tion "cases  where  incapacity  to  labor  joins  with  incapacity  to 
tarn  a  support."  and  making  the  rates  depend  on  these  two  con- 
ditions. Specific  injuries  or  ailments  were  no  longer  given  spe- 
cific ratings  but  were  considered  only  as  they  affected  the  capacity 
of  a  man  to  ])€rform  manual  labor.  .A  board  of  revision  was  put 
to  work  examining  the  claims  allowed  under  Order  Xo.  164  in 
the  Raum  administration.  In  his  report  for  '..'<' '4,  Commissioner 
Lochren  said  that  2,266  cases  had  lieen  dropped  and  3.343  re- 
iluccd  to  lower  ratings.  He  said  that  pensioners  were  not  dis- 
turlied  unless  the  allowance  was  clearly  wrong  or  illeijal.  Com- 
missioner I.ochren  was  also  active  in  reducing  excessive  ratings 
under  the  general  law  system,  .ind  was  engaged  in  litigation  in 
which  his  right  ti.>  reduce  pensions  erroneously  or  illegally  rated 
was  sustained.' 


'An  tmpiTt.int  c.isi-  ua-  that  i4  Charles  1).  Lchik'.  "nc  of  tlic  judges  oi 
ti'.i-  .'^upri-nic  C'ciiirt  of  Muhigaii.  Jiuigc  Long  was  oni-  of  tlie  puisioniTS  rc- 
rati<l  liy  C'omniissioiicr  Tanner  in  W.^.  lie  had  lost  his  left  arm  ahove  the 
elliow  and  >nfTered  a  giui>liot  wound  of  the  left  hip.  h'lr  many  years  he 
had  I.eeii  i]en-ione<l  at  $72  \nr  mouth  for  total  and  permanent  helplessness. 
I  luihng  him  to  I.e  a  man  of  apparent  vigor,  dischargmg  his  duties  iiu  the 
l.enih  of  the  Supreme  Court  of  Michigan,  Commissi. mer  Lochren  notified  him 
to  ^ll(,w  cause  wliv  his  pension  should  not  he  reduced  to  $50  a  month.  The 
pui^ioner  fought  ilie  reduction  in  the  courts,  l-inally  the  Cotirt  of  Appeals 
of  the  l)i^trkl  of  Colund.ia  decided  in  favor  of  the  power  of  Commissioner 
I.ochren  to  reduce  the  pension,  in  an  opinion  filed  June  (i,  IXy.s.  I  his  was  an 
important  test  ca^c  in  view  of  the  Commissioner^  activity  in  reiiucmg  iin- 
l>roiierly  rated  pensions. 


w:mS  * 


ACT  OF  JUNK  27,  1890 


241 


The  work  of  readjudtcating  the  [)ensions  allowed  under  Order 
No.  164  in  the  liberal  Kauni  administration  of  the  Pension  I'ure.'iu 
was  carried  on  in  18*^3,  1894,  and  1895.  The  stopping  a.id  reduc- 
ing of  pensions  made  the  administration  of  Commissioner  I>och- 
ren  ver\-  unpopular  in  G.  A.  K.  circles.  Hut  it  was  a  relief  to 
the  Treasury  to  have  some  check  put  upon  the  e-xj^nsion  of  [tan- 
sion  e.xiienditures  at  a  time  of  financial  striuL^cncv.' 

In  the  McKinlcy  administration,  H.  Clay  i.vans  of  Tennessee 
became  Commissioner  of  F'ensions.  The  revision  of  the  claims 
allowed  under  the  rulings  of  Commissioner  Raum  was  not  con- 
tinued. In  his  report  for  1899,  Commissioner  Evans  says  of  the 
practice  of  the  Pension  Buieau  in  administering  the  act  of  1890: 

The  Department's  interpretation  of  the  hnc  has  been  that 
under  said  net  pension  is  proi'ided  only  in  eases  7ehere  in- 
eapaeity  to  U'.bor  joins  z^-ith  ineapaeity  to  earn  ^  support.  I 
am  free  to  say  that  the  praetiee  has  ne^rr  been  to  inquire 
into  the  eapaeity  of  the  elaimant  to  earn  a  support.  The  pros- 
perous /i(j7v  been  pensioned  alike,  on  applieation,  with  the 
less  fortunate,  plainly  on  shozi-ing  disabilities  or  disease, 
nithout  any  referenee  to  the  elaimant's  :eealth  or  eapaeity 
to  earn  a  support. 

The  second  section  of  the  act  of  June  27.  18*X).  is  by 
many  undcrstoinl  to  provide  for  a  dependent  pension.  This 
is  not  the  case;  it  i^nsions  only  for  di.uibility  not  necessarily 
of  service  origin.  Disabilities  for  which  pension  is  asked 
may  have  originated  prior  to  the  claimant's  ser\-ice,  during 
his  service,  or  since  service,  while  engaged  in  the  ordinary 
avocations  of  life.  It  matters  not  whether  the  claimant  be 
in  a  cniiditidii  of  povertv  or  a  millionaire;  he  must  show  bv 
medical  evidence  that  he  has  a  physical  or  mental  disability 
that  dis(|ualities  him  in  whole  or  in  part  for  earning  a  su|)- 
port  by  manual  labor. 

Thus  the  two  sejiaratc  and  distinct  systems  of  pensioning 
(both    for  disability  alone),   one   for  disability  of   servi  ■•. 

'  In  Cleveland's  second  a'lministr.ntion  tlie  total  >if  ilfficits  fi)r  the  lUca! 
years  1S94,  18<).\  180r,.  .nn.l  IW"  ainminted  m  «1S5,864.()0().  The  expendiiiius 
under  the  net  of  .hine  .',".  iS'.'\  for  the  same  years  amounted  to  $237,(W7,0Ol >. 


■I 


W   i 


^5^ 


242  i-i: DHKAL  MILITAUV  PENSIONS  IN  THE  UNITED  STATES 

origin,  tin-  (.'.her  for  disability  reRardless  of  origin,  afford 
a  wide  field  for  coinpiirison  and  misunderstanding. 

In  the  same  reix)rt  (.'onmiissioner  i:vans  ^ave  examples  of  the 
actual  rates  U-ins  i^id  under  the  two  systems.  Under  the  gen- 
eral law  system  the  following  were  among  the  rates  paid:  disa- 
bility e<niivalent  to  loss  of  hand  or  foot,  $-'4;  incapacity  to  per- 
form anv  manual  lalK)r,  $30;  total  deafness  of  IxHh  ears.  $30; 
l.,ss  nf  t.ne  eye.  $17 ;  severe  deafness  of  Iwth  ears.  $22 ;  anchyk>sis 
of  ellww.  $io.  The  same  disabilities  were  i>ensione<l  under  the 
act  of  18*X)  at  the  following  monthly  rates:  disability  equivalent 
to  loss  of  hand  .>r  foot.  $10;  incai>acity  to  i)erform  any  manual 
lalK)r.  $12;  total  deafness  of  lK>th  ears.  $12;  loss  of  one  eye.  $(>; 
.severe  deafness  of  Ixith  ears.  $6;  anchylosis  of  ellK)w.  $6.  i'.ut. 
under  the  act  of  18W.  a  most  .serious  tlisability  such  as  total 
blindness  could  no'  entitle  to  more  than  the  ma.ximnm  rate  of 
$12  a  month.  Total  blindness  of  service  origin  was  at  that  time 
j)ensioned  under  the  general  law  .system  at  $72  \)€r  month. 

During  the  administration  of  Commissioner  hAans  there  was 
nuich  pressure  to  make  the  admini.stration  of  the  act  of   1800 
more  "lilieral."      Tensioners  who  had  Iwen  dropped  by  Com- 
missioner Lochren  wished  to  Ik-  restoicd  to  the  roll,  and  others 
whose  pensions  had  l)een  retiuced  were  applicants  for  increase. 
In  the  presidential  campaign  year  of  IWO.  an  act  became  law  on 
May  9  which  made  imp«jrtant  amendments  tf>  the  act  of  IS'H).' 
One  of  these  amendments  provided  that  in  fixing  the  ratings  of 
I>ensioners  "each   and  every  infirmity  shall  be  duly  considered 
and  the  aggregate  of  the  disabilities  shown  I*  rated."     What 
those  whr>  proposed  this  amendment  probably  had  in  mind  was 
the  authorization  by  law  of  one  of  tlie  practices  that  i>revailed 
.h-rini:  the   Raum  administration  of  the   Tension   Bureau,   the 
'a.inir  of  <\\iih\.  di^abi'ities  shown  by  applicant-  under  the  act  of 
lS')i)  at  arbitrary  fractions  of  total,  and  adding  two  or  more  of 
thi'-c    fractions   to  determine   the  prop<irtion   of   the   niaxinuim 
ratv-  !o  U-  ;'aid.    Conimissioner  Kvau'^.  however,  placed  upon  this 

'  r.  V.  s'M'ii.'ivr  ■!'  />";.•.  xxxi.  170. 


CIML  WAR  SERVICE-PENSIONS 


24.? 


amendment  an  interpretation  which  was  not  pleasing  to  the 
G.  A.  R.  and  caused  many  protests  to  be  made.  He  issued  in- 
structions on  June  30,  1*X)0.  that  examining  surgeons  in  deter- 
mining ratings  under  the  act  of  1890  should  give  due  considera- 
tion to  each  and  every  inrtrniity.  and  rate  "the  degree  or  extent 
to  which  all  of  these  infirmities,  whether  minor  or  serious,  when 
considered  together,  render  the  claimant  unahle  to  eani  a  sup- 
ixirt  by  manual  labor.'"  The  result  was  to  lie  stated  as  $6,  $8, 
$10,  or  $12  i)er  month,  nor  was  there  to  l)e  a  separate  rating  of 
separate  disabilities  as  l)eforc.'  This  ruling  was  in  the  interest 
of  substantial  justice  but  was  far  from  satisfactory  to  those 
who  drafted  the  amendment. 

It  is  to  l>e  noted  that  at  this  time  it  was  the  practice  of  the 
Pension  Bureau  to  consider  age  an  imp<^rtant  factor  in  fixing  the 
rate  under  the  act  of  18*>),  although  the  law  itself  makes  no 
mention  of  age.  Commissioner  Kvans  instructed  the  examining 
sargeons :  ".\  claimant  who  ha.s  reached  the  age  of  75  years  is 
allowed  the  maximum  rate  for  senility  alone,  even  where  there 
are  no  si)ecial  jiensionable  disabilities.  A  claimant  who  has  at- 
tained the  age  of  63  years  is  allowed  at  least  the  minimi-m  rate, 
unless  he  appears  to  have  unusual  vigor  and  ability  for  the  per- 
formance of  manual  lal)or  in  one  of  that  age.  The  cft'ect  <>f  par- 
tial senility  should  \k  o^isideretl  with  other  infirmities,  where 
there  are  such,  and  the  aggregate  incapacity  stated."  Thus  it 
will  l>e  seen  that  the  Pension  P)Ureau  administered  the  act  of 
18*X)  to  a  certain  extent  a>  a  service-and-age  iiension  law.  There 
was  already  a  tendency  to  extend  the  system  in  that  direction. 

.\nother  important  amendment  in  the  act  of  Mav  '1.  l'XX>. 
aft'ected  the  fwnsions  of  widows.  The  original  act  of  18<)0  pr.^ 
vided  for  jiensioning  widows  who  were  without  means  oi  su[>- 
IX. rt  other  than  their  daily  labir.  Rut  the  Pension  Bureau  had 
construed  this  provision  with  considerable  latitude  and  had  in 
practice  allowed  widows  to  have  a  small  inconu  without  barring 
them   from  receiving  a  [H'nsion.     The  amount  of  income  per- 


•-,f'  « 


I 

I 


Refnrt  of  llic  C,nn»vssi^iu-r  of  P,'vsi<ns  for  1900. 


244  l-EDF.KAl.  MILITARY  rHNSK^VS  IN  THIC  UNITKU  STATKS 

milted  had,  however,  varied  widely  under  (Hfferent  a.hiiinistra- 
tinns  ..f  ihe  IVn-icn  Office,  ami  even  at  different  iK-riods  in  the 
same  adininistratidii.  e\)nse(iuently  there  had  In-en  much  com- 
plaint and  criticism.  Under  the  I'. vans  administration,  if  the 
widow's  income,  aside  from  her  daily  lalwr.  did  not  excee  I 
annually  what  her  jjension  would  1)C.  $')6.  she  was  deemed  to  l>e 
without  other  means  of  supivjrt  than  her  daily  labor,  and  was 
allowed  a  jK-nsion.  The  Crand  Army  of  the  Republic  at  its 
encampment  in  IH'H)  asked  for  a  more  lil)eral  rule,  and  President 
McKinley  in  his  annual  message  of  that  year,  adopting  a  sug- 
gestion of  the  Commissioner  of  Pensions,  recommended  that 
widows  Ik.-  permitted  to  have  pensionable  status  under  the  act 
of  18^)0  when  the  amount  of  income  independent  of  the  priKeeds 
of  daily  lalnir  was  not  in  excess  of  $250  a  year.  The  legislation 
of  10(X)  included  this  provi.sion. 

The  act  of  PKK)  had  been  jKissed  to  give  to  the  act  of  18^0 
liU-ral  constructions  which  Commissioner  i:vans  had  refused  to 
sanction  without  authority  of  law.'  .\t  the  national  encamp- 
ment in  August.  1900,  the  Pension  Committee  of  the  G.  A.  R. 
reported  that  they  had  practically  determined  the  wording  of  the 
act  of  P'tKX  hut  they  exi)ressed  great  dissatisfaction  with  the 
way  in  which  the  Secretary  of  the  Interior  and  Connnissioner 
{■.vans  had  construes!  the  section  providing  for  the  aggregating 
of  disabilities.  What  the  C.  A.  R.  men  wanted  was  a  restora- 
tion of  the  practice  prevailing,  under  Order  Xo.  1<'>4.  in  the 
Raum  administration  of  the  Pension  Bureau.  At  the  national 
encampment  of  piol   Commissioner  Evans  was  again  charged 


'  Wlun  Mr  lv.in<;  w.-is  appnintci!  Comniissinnor  of  Pensions  in  1897,  the 
r,  \  K  Committee  on  I'nisions  pronounced  liim  "tlie  riwht  m;m  for  the  riKht 
nl,ice"  \hhoiiRh  he  w.is  a  Union  vetemn.  he  did  not  prove  as  "hhoral"  as 
had  iieen  expected.  Desired  changes  in  the  practice  of  the  Pension  lUireaii 
were  refused  Mr.  Evans  was  disposed  to  protect  the  government  from  im- 
m,s,t,.in  either  hv  means  of  loose  interpretations  of  the  laws  or  by  outriKht 
fraud-  He  was  viirorous  and  outspoken  m  his  views.  At  the  O.  A.  K,  en- 
campment in  1898.  Corporal  Tanner,  ex-Commissioner  of  Pensions  and  attor- 
n.v  i^r.^vecutin^!  claims  ajrain-t  the  Rovernmcnt.  denounced  the  conduct  of  the 
Pension  Fiureau  under  Mr  F.vans.  The  attack  on  l^ie  F.vans  administration 
was  continued  nt  the  national  encampment  of  1899,  and  it  was  suKijested 
that  an  appeal  he  madr  to  the  President,  and.  if  ncces<^ary,  to  Lon«ress.  1  his 
appeal  hroUKln  ahout  the  act  of  May  9,  19no. 


CIVIL  WAR  SERVICE-PENSIONS 


245 


■t'jfc 


\\  til  circiimvciitiii}^  tlic  provisions  of  tlic  act  of  1900,  and  it  was 
(lecidtd  to  take  tlu'  coniplaiiits  aj,'aiii^t  liim  to  the  President, 
(itncral  Daniel  K.  Siikles,  a  ineinl>t.T  of  the  Coniniittce  on  Pen- 
sions will)  was  extrcim-ly  hostile  to  the  administration  of  the 
Pension  lliireaii.  said  with  rc^^ard  to  Commissioner  I'vans's 
alle^jed  policy  of  savini^:  "'1  Lat  policy  is  horn  and  reared  in 
the  Pension  I'lireaii,  it  conceived  in  a  desire  t')  tiini  money 
hack  into  the  Tre.isury  ,iiat  Ivelonj^s  to  you  and  me,  mv  com- 
rades, a  jxilicy  1k)Iii  of  a  crinj^iii};  desire  to  serve  ta.\]>ayers  and 
earn  neusi>.'i|K.T  applause  hy  reducing;  exiK'iiditures,  a  mean, 
stinf,'y.  i^rindini;  [Hilicy.  unworthy  of  a  threat  and  ^a'nerous  gov- 
ernment and  a  noMe  and  t;rateful  |)e(jple."' 

Despite  the  pronounced  ( i.  A.  U.  hostility  tu  Commissioner 
I'.vaiis,  he  was  not  displaced  l>y  President  McKinley.  After  Mr. 
McKinley's  death  in  V)()\,  the  crHiiplaints  aj,'ainst  the  (  onimis- 
sioner  were  taken  to  {'resident  R(M).sevelt.  In  IWJ  Commander- 
in-Chief  Trjrrance  and  the  Committee  on  Pensions  of  the  G.  A.  R. 
held  extended  sessions  in  Washinj^on  investifjatinj^  the  conduct 
of  the  Pension  P.ureau.  In  their  report  they  declared  that 
"amonir  the  survivors  of  the  War  of  the  Keliellion  there  is  rm 
irremovahle  helief  and  conviction  that  the  present  Commissioner 
of  Pensions  is  not  disi)<)se(l  to  administer  tlu  kities  of  his  oftice 
in  that  sjiirit  of  equity  and  justice  to  applicants  for  i)ensions 
which  they  have  a  ritjht  to  expect,  and  w hile  we  are  actuated  hv 
no  feelinsj  of  unkindness  toward  the  Honorable  Cmnmissioner 
of  Pensions,  we  are  convinced  that  justice  to  the  soldier  is  ini- 
possiMe  of  attainment  under  the  present  administration  of  the 
Pension  rhireau.'"  .\t  the  national  encampment  at  Washington 
in  Octnlx-r,  1002,  Commander-in-Chief  Torrance  said  that  the 
report  of  the  investigation  of  the  Pension  P.ureau  had  been 
placed  in  the  hands  of  the  President,  and  "the  acceptance  of  the 
resignation  of  the  Commissioner  of  Pensions  immediately  fol- 
lowed."'    However.  Mr.  Fvans  was  promptly  apiwintcd  consul 


'•  i-- 


m 


'Journal  of  the  jj//i  Xalumal  n.iuamf'ment,  G.  A.  /?.,  1901,  198. 
^Journal  of  the  s6th  Xalwiial  Encampment,  C.  A.  R.,  1902,  301  to  308. 
>lb,d.,  128-129. 


m 


246  FKDi: KAL  MII.ITARV  I'KNSIONS  IN  THK  UMTI-.D  STATKS 

{;eneral  at  LuikUmi  at  a  larjjely  increased  connK'nsatinn.  I'resi- 
(Icnt  kiioscvelt  suhstituteil  as  Coniniissioner  of  I'ensions  Kufjeiie 
!•".  Ware  of  Kansas,  a  lawyer  and  poet.' 

After  its  success  in  hringin};  aUnii  the  retirement  of  Mr. 
l^vans,  one  of  the  stroiifjcst  and  al>lest  <>f  the  Conimis-sioners 
of  I'ensions,  the  (irand  Army,  at  tlie  national  encampment  in 
UH)3,  again  tcMik  up  the  matter  of  securing,'  the  enactment  of  a 
ser\  ice-iHfiision  law.  The  encampmtiu  instructed  the  Lommittee 
on  Tensions  to  jiresent  U)  Conjjress  a  hill  i)rovidinj,'  that  a  \n:n- 
sion  of  twelve  dollars  a  month  should  lie  paid  to  every  honor- 
ably discharged  survivor  of  the  war  who  serve<l  ninety  days  and 
who  had  passed  the  age  of  62  years,  and  also  provitling  that 
widows"  pensions  under  the  act  of  1890  should  he  increased  to 
twelve  dollars  a  month.-'  In  the  early  months  of  1904,  the  com- 
mittee met  in  Washington  to  work  for  the  desired  service- 
IK-'nsion  measure.  Thousands  of  (Irand  .\rmy  posts  petitioned 
Congress  for  its  passage.  It  was  again  the  year  of  a  presiden- 
tial campaign,  and  something  had  to  l)e  done  for  the  veterans. 
Hut  the  Department  of  the  Interior  and  the  Commissioner  of 
I'ensions  estimated  that  the  proiM)sed  law  would  call  for  ex])en- 
ditures  l)eyond  the  ability  of  the  Treasury  to  ])ay.  In  this  situa- 
tion, the  Roosevelt  administration  granted  the  veterans  a  part 
of  what  thev  desired  liy  the  issuance  of  Order  Xo.  78  from  the 
Hureau  of  I'ensions  to  take  effect  April  13,  I'HH.' 

Order  No  "8  was  a  broadening  of  the  terms  of  the  act  of 
lune  27,  18'Ht.  l>y  the  jtrocess  of  executive  construction.  The 
order  declared  that  old  a;:e  was  an  infirmity  the  average  nature 
and  extent  of  which  the  experience  of  the  Pension  Bureau  had 


•  ^■llmmis^inner  Ware  was  a  ifrcat  In-lit  ver  in  the  sentimental  side  of  ilic 
[K.nsinn  qiu'stinn.  Tin-  ooMiideratinn  tliat  a  pension  was  at)  e(|uivalent  f. >r 
disaliilitv  w.is  "the  liard.  pi^^  iron  side"  "f  the  i|iie>liMii ;  the  sentimental  -ide 
wa>  that  <'Id  soldiers  should  not  ^o  to  the  poor-liouse.  whether  they  had  I  een 
'hi't  to  pieees  or  not,  or  whether  they  had  heen  imiirovdeni  i>r  not.  Me  al<o 
took  into  eonsideratioii  the  necessity  of  having  von-s  for  his  party  in  ..rder 
that  it  minht   pe'form  it-  yood  work  m  the  loinnimiily. 

'Jounuil  of  Ihi-  JI7II1  Xatioiial  /:u.-(/m/'mr.i(.  (/      I,  h'..  I'M.  \(f>. 

^Jounnil  of  the  J^th  XiUutuM  ):>uamt'ini'<it.  (..  ./.  A'..  I'HM,  5'*-(>3,  161-165. 
Also  see  Kftort  ,/  the  i  ■  mmissioiur  of  i'msioiu  for  I'^^M. 


C1\!L  WAR  SKRVICR-PKN'SIONS 


247 


ostaLtlislicd  with  rt'a>uiiablt'  ctTtaiiity.  It  thfrcfort-  jirovidcd  that 
in  the  adjiidicatiim  of  claims  under  the  act  et  18'Hi,  as  aniciidetl, 
"it  shall  he  taken  and  considered  as  an  evidential  fact,  if  the 
contrary  does  not  apj)ear,  and  if  all  other  lej^al  retiuirenients  ;ire 
pn)l>erly  met,  that,  when  a  claimant  has  passed  the  ajjje  >>i  sixty- 
two  years  he  is  disahlcd  one-half  in  ability  to  iK-rform  manual 
lalK)r  and  is  entitled  t<>  Iw  rated  at  six  dollars  a  month;  after 
sixty-five  years  at  eight  dollars  a  month;  after  sixty-eight  years 
at  ten  dollars  a  month,  and  after  seventy  years  at  twelve  dollars 
a  month."  The  instrncti(»ns  accomi)anying  this  order  provided 
that  "a  declaration,  stating  that  a  claimant  is  sixty-two.  sixty- 
five,  sixty-eight,  or  seventy  years  of  age,  as  the  case  may  he,  is 
a  sufficient  allegation,  even  if  no  other  (li>al>ling  cause  i-  >et 
forth."  Thus  the  interposition  i»f  the  executive  power  con- 
verted the  act  of  1890  into  a  service-and-age  iH:nsion  law  similar 
to  the  Mexican  War  act  of  January  2''.  18S7.' 

in  the  presidential  cam])aign  of  1904,  critics  of  ] 'resident 
Kooseveli  pronounced  the  issuance  of  Order  i\i>.  78  an  act  of 
executive  usurpation  of  the  function  of  the  legislature.  In  an 
attemjrt  to  justify  the  order,  it  was  jjreceded  ))y  a  nuniUr  of 
"whereases"  referring  to  the  action  of  Congress  in  1887  grant- 
ing ser\ice-and-age  i>ensions  to  the  Mexican  \\  ar  soldiers.  I'.ut 
there  is  no  good  reason  to  l>elieve  that  Congress  intended  the 
act  of  June  27,  18*K).  and  amendments  to  \k'  construed  as  a  -jni- 
ple  service-and-age  {K-nsion  law.  In  fact  it  h.as  U-en  showi  on 
a  i)revious  jage  that,  when  the  act  of  1890  was  p;issed,  the  House 
of  Representatives  favored  a  seivice-and-age  [K-nsion  act  Inn  was 
cciiniKdled  to  give  up  it>;  contention  U-cause  of  the  oi>iH)sition  of 
the  Senate.     The  service-and-age  profxisitioii  was  defeated. 

Cnder  Order  Xo.  78  survivors  of  the  C  ivil  War  who  served 
ninety  days  and  had  reached  the  required  age--  were  iR-iisioned 
without  having  to  prove  any  dis-ihility.  and  regardless  of  wealth. 


1,rl 


if 


m 


■S,:   ■ 


'  CmUr  Order  No.  78.  hetwren  .April  l.\  1<MM.  and  liine  Ml  19(f)  ttx-rc  were 
.'4,6_b  oriKinal  allowaiuts  of  pcnsit.ns  and  K4.i%  in.rc.iscv  Thf  annual  vahic 
(if  all  tluso  |K-ii^iiiii.s  an<l  iniriases  wa<  aiiiuit  $4.".^.UK).  Order  No  7fi\-.\^ 
Milistantially  superseded  In  the  ait  of  lebniary  6,  1907.  KrfDrl  ,./  ///,■  t','»»i- 
niissidiicr  of  I'tnsions  for  X'Mff,  13. 


M 


■^m^ 


248  ri:Dr-:RAi.  mii.itakv  pensions  in  the  united  states 


inconic,  or  ability  to  provide  for  tlicir  own  suiUMirt.  hvcryoiie 
\\a>  clij,'il)lc  who  could  nIiow  niiicly  days'  service.  honoraUle  dis- 
charge, and  the  ric|itiretl  a(;e.  Reasons  of  i>olitieal  e.\iH;t!ieney 
and  the  de>ire  to  fi>restall  possible  ex])ensive  >ervice-iK-nsion 
legislation  caused  the  order  to  Ik;  i>sued,  hut  it  is  ipiotiouahle 
whether  they  \varranle<>  or  justified  so  sucepin}j  an  example  of 
lef,n--Iation  thr(]in,di  executive  construction. 

Wliile  the  i^-uance  of  Order  No.  "S.  to  take  elTect  .\i>Til  l.^. 
]^0[  !;aine(l  the  favi>r  of  the  (1.  .\.  K.  nieniliers  for  his  adinin- 
i-traiion.  rriNldcnt  Roosevelt  took  care  of  one  of  the  favorite 
leadci^  of  the  (irand  .\rniy  l>y  appointing,'  to  the  office  of  reps 
tcr  oi  wills  in  the  District  of  C'olunihia.  April  1.  VXU.  C'ori)oral 
lames  Tanner,  who  had  l)eeii  ousted  from  the  office  '>f  C'onmiis- 
sioiier  of  Pensions  duriniL;  the  administration  of  President  liar- 
ri-on  and  who  had  since  licen  enga},'e(l  in  prosecutinjj  claims 
a.i^ainst  the  f,Mvenunent.  At  the  l')<>.^  national  encampment, 
("orpor.al  Tanner  was  elected  commander-in-chief  of  the  fi  \.  R. 
for  the  en>uini,'  \ear. 

.\t  the  national  encampment  of  l')(>4.  ("omni.mder-in-Chief 
)ohn  C.  Plack.  formerly  ( "onunissioner  of  Pen^ii'ns  in  the  first 
Cleveland  administration,  recomniende<l  that  the  (i.  .\.  R.  make 
earne-t  efforts  "to  crystallize  the  l)eiuticeiit  |>rovisions  of  Order 
N'..  7X  into  statute  law"  in  order  that  the  whole  matter  miRht 
1h'  jilaccil  heyoiid  the  reach  of  interpretation  nr  chanjj;e  of  views. 
The  I  oiiimiitce  on  Pensions  recotmneiided  that  their  successors 
continue  woik  !'■•  the  service-pen-ion  hill  which  h.id  failed  In 
p.'iN-;  in  l'it)4  liec;iu>e  it  w.is  thou;.;ht  to  hi-  too  ex[K'nsive.'  At 
the  l'>*».^  enc;im[>ment.  the  ("ommittee  on  Pensions  reported  that 
ow  in.y;  to  the  Trcasurv  delicit  arid  the  short  session  of  Congress 
nothiii'.,'  hail  !>cen  accotn])lished  toward  securin-j  the  passage  of 
the  (i.  A.  I-i.  M  rvice-iK'n^^ion  law.  They  liad  l)een  assured,  how- 
e\cr,  tli.at  favorable  action  would  l)e  taken  in  the  5'lth  Conpres.s. 
The  service-itension  bill  was  ajjain  endorsed. ■ 

'I"he  p!i!!ci[)le  aflirmcd  in  Order  N'o.  7H.  that  the  a.i^e  of  sixty- 


^  Jounuil  ,)/  ilu-  .,'.w;r  Xali.oui!  l->u\imf'mc'il.  <,.  .(.  A'..  I'KM.  .=0-6,^.  161-165. 
-Journal  ,'/  ihc  ;iAh  .Witvinil  hltuumfmcnl.  C.  .(.  /?.,  190.\  2KI-283. 


CIVIL  WAR  SI-RVICr -PKN'SIONS 


_'4<) 


t\M>  yi-ars  or  cvir  w.is  a  |K.'nsinii,il>le  (lisal»ility,  was  iiiaile  >talu- 
tiiry  law  l)y  pruviMuiis  in  act-  of  April  J4,  V)i)(>.  and  Marcli  4. 
l'X>r.'  Ii  was  left  ti)  till'  (li^cntioii  .,t  the  I'cii-ioii  lUircan  to 
fix  the  rates  for  iiartieiilar  :i,:,'e-  and  eases.  I  lie  (1.  A.  K.  at  the 
national  eneainitimnt  of  l'Ht<)  a^ain  asked  for  the  enactment  of 
its  proposed  seivui  |)tMision  law.  MenilnTs  were  nr^-ed  to  put 
Senators  and  Representative-  on  recoid  in  the  inatier.'  JMnan- 
cial  conditions  uere  chaiifjin^,',  and  it  conid  no  lony;er  In-  objected 
that  new  pen-ion  Iej.;i-iation  was  heyond  the  mean-  of  the  Tiea>- 
nry.  While  there  was  a  lirticit  of  $1,S,7.=  '.()()()  in  I'Mi.s.  the  ex- 
cess of  ordinary  receipts  over  e.xpenditures  was  ,S45..V)(),IHX)  in 
10(V)  and  $11  1.40(),0(Hi  in  1<X)7.  I'nder  such  circniu-tances  a 
hill  lor  servui -and-a,!,'e  iK-n-ions.  which  had  lieen  introdnced  hv 
Senator  Met  nniU-r.  Chainnan  of  tiie  Senate  t'otntnittee  on  I'en- 
sions.  was  pressed  to  it-,  ]>as-;;i;c.  The  cost  of  this  nieasnre  was 
estimated  at  from  S1i).(KH),(H)0  to  $1 3.(X)0,(XK)  annually.  Ajijain 
expression  was  irjv^.,,  t,,  (i^.  \,\^.■^^  (|,_^i  ,l,^.  ,,1,1  soldiers  had  a  pre- 
ferred claim  01  my  snrphis  that  nii^ht  acciinnilate  in  tiie  Treas- 
ury. In  advocatini];  the  hill.  Mr,  .Mct"unil>er  said  in  the  Senate 
on  January  •).  liH)"  : 

The  >  ountry  now.  Mr.  President,  is  wealthy.  The  Treas- 
urv  is  hurstinj,'  with  its  load  of  coin,  I'nde-  these  cindi- 
tions  extrava,!,'.iiices  of  every  character  are  cree|)infj  iiUt>  our 
letrislation.  e.strav;l'.^^■lnces  which  well  nn'jjht  In-  ahandoned 
until  we  have  fK'riorined  our  entire  duty  toward  the  sur- 
vivors of  that  war  which  made  it  ])ossil)le  that  we  have  a 
country  of  this  wealth  and  which  could  induljje  in  those 
extra\ai,'ances,* 

rJcfore  the  McCumlHT  hill  passed  the  .Senate,  it  was  amended 
to  include  Mexican  War  veterans  in  the  U'lietUs  of  its  provi- 
sions. In  til  House  the  hill  was  rei>orted  favorably  from  com- 
niittci",   take      up  under  a  suspension  of  the  rules,  and  passed 


'^^l 


'  ('.  .s".      \itutt-s  at  l.jra,-.  Nxxiv.  l.H.  14(16, 

•  Ji-iinnil  of  V  Ih  Xati.'iLil  /;)i,-iim/')ii. /i,'.  (,'.  .-/.  A'.,  1906,  1,55-136,  179. 

^Sl,iti.,lifal  .■(/•j(r,:    '  .=/  th,-   liiil.-.i  SUitrs.   191.s,  fxW. 

•Ci>tii;,  Record.  .s9i.    O'tij;..  id  .^c-,..  8().s. 


mm 


2--V  M-t'i  KAI.  Mil.l  I  \1<V  I'l-.NSIONS  IN  THE  LMTKD  S  TATKS 

\\ith..iit  .iiiHiKlmriit,'  It  \\a>  >ij;iicil  Uy  ihe  i'rcsiilem  I'cliruary 
6.  !''<.)".•  Tliis  law  providctl  in  Uric!  that  any  jk.tm>ii  w1u> 
served  ninety  days  i»r  more  ilurinK  the  Civil  War  <>r  sixty  days 
in  the  war  with  Mexic(»,  wa^  honorably  disdiarjjed,  and  had 
reached  the  a^e  <>f  sixty-two  years  <>r  over,  should  lie  placed 
U])on  the  pension  roll  and  recciv?  a  jK-nsion  as  follows:  at  the 
ajjt-  of  sixty-two  years,  $12  i»er  month;  at  seventy  years,  $15 
]ier  month;  at  seventy-five  years,  $_'»•  |>er  month.  The  jiensions 
were  to  commence  from  the  date  of  tiliiiR  the  ai>|>licatiun  after 
the  pas!vi>je  and  apjiroval  of  the  act.  Persons  who  api>lie<l  and 
received  pensions  under  this  act  were  not  permitted  to  receive 
])en>ions  for  the  same  jieriod  under  any  other  K«-'iieral  or  sjiccial 
law. 

.Mi.<t  of  the  tivil  War  ^oldier^  iieiisioneil  under  the  act  of 
lunc  27.  IK'M).  were  gradually  transferred  to  the  roll  under  the 
act  of  I'eliiuary  6,  \\K)7,  in  order  to  f;et  the  advantaj^e  of  hitjher 
rate>.  I'roni  the  passage  of  the  latter  act  until  June  M),  I'K)*', 
there  uerc  444.411  certificates  issued  under  its  provisions.  Of 
liese  jK'usion  certificates,  only  \C),^24  were  issued  to  irtsous  not 
.Jready  on  the  i>ension  roll.' 

At  the  national  encampment  of  the  (i.  .\.  R.  in  Seirtemhtr, 
I'M'",  the  (cHnmittee  on  I'eit-sions  rqiorted  that  in  conference  with 
llie  S|ieaker  of  the  House,  the  House  Committee-^  on  reusiotis 
and  Invalid  Pensions,  and  President  Roosevelt,  it  had  sujiported 
the  Mct'unilier  bill  unamended.  P.ut  it  recommended  that  a 
fight  lie  ma<le  for  an  increase  in  widows'  pensions,  (.dnunaii- 
der-in-lhief  Prown  in  his  annual  address  sp<:ke  of  the  success 
of  the  'i.  A.  R.  in  estalilishing  the  i)rinciiile  that  a-lvanced  ni,'e 
Constituted  a  well  defineil  disability.  He  advocate<l  a  contiiui- 
ance  of  the  movement  to  have  widows'  jiensions  increased  to 
t.\e!ve  dollars  a  month.  With  reference  to  the  attitude  of  the 
i're-iilerit  toward  the  claims  of  the  ex-soldiers,  he  said:  "Presi- 
dent  Roosevelt  is  the  friend  of  the  veteran  soldiers  and  sailors 


'  Cm,,.  Rcc.rd.  59th  Coni;.,  2,1  Sf-^s .  .'.'l!i-.'.'2^ 

-  r.  .V.  SliiUtl.s  III  l.arii,-,  x.xxiv.  879. 

■■  Re  fori  ,f  till'  Ciinmissuiiicr  if  !\-t'S'"its  f'T  19IW,  14. 


%my*.\^s^m:  wsMf:m9S'war^sm', 


ri\ll,  \VM-'  SKKVIi  IM'KNSIO.VS 


JM 


I 


; '  t  1- 

.  vpril 


of  the  rc-|nili!ic.  ( itVicial  arts,  pulilir  (li'i.laraiic>ii>,  aiiil  a>siiraiic<.'s 
ill  private  loiifereiiees  uarraiit  the  statement  that  no  I  hief  \.\- 
eiiitive  ill  the  liistory  of  the  Nation  ha^  lieM  or  r.mlil  liolil  in 
hi;,'luT  lizard  the  services  of  the  men  ulio  savitl  this  L'liion. 
and  no  iVesident  has  eviiued  a  stroiit;er  desire  i..  aile(|iiatelv 
recopiize  tlial  service  and  its  resnlts  ilian  Ihe.xloie  kooseveh,'"' 
Diiriiif,'  tlie  iie\t  \ear  the  c-oinmander-iii-chi(.f  ami  Committee 
I;  ''■  isiiinsof  tlieCi,  A.  \i.  were  principally  occupied  with  work- 
he  passat,'e  of  a  widows'  ])fnsion  hdl.'  I'lie  pensions  of 
l-.ad  U-eii  increased  hy  tlie  act  of  1"'('7,  aiiii.  fn.m  a 
aiidpoiiii,  1<N)K  was  a  >,'(jod  year  in  which  lo  ask  (.  on- 
.  the  I'.xeiutivc  for  more  lilnrral  pensions  for  widows, 
came  to  the  (I.  A.  R.  men  in  the  pass;i),'e  of  the  act  of 
'>,  1W8,'  In  all  cases  where  widows  were  eiililled  to 
iri',  L  a  less  rate,  this  law  increased  their  i)ensions  to  twelve 
I.I  s  a  month.  Thus  it  applied  to  those  general  law  widows, 
)•  II!  fd  after  March  10,  1S8A.  who  were  receiving,'  only  eii^ht 
uollaru  a  month.  Km  the  most  imiK>rtant  effect  of  the  act  of 
I'XtK  was  to  f;rant  ixTsions  at  the  rate  of  twelve  dollars  per 
month  to  the  widows  of  [lersons  who  served  ninety  dav>  or  more 
in  the  army  or  navy  of  the  I'niteil  States  iltirinj;  the  tivil  War 
and  were  honoraMy  discharfrctl,  xatliout  nuiurd  lo  the  pcamiivy 
condition  of  the  7i'i(fo7cs.  provided  they  were  married  prior  to 
June  27,  18'K>.  While  the  i>ension  rate  was  incre.ised  from  ei^dit 
to  twelve  dollars  a  inontli.  the  conditions  of  title  were  the  same 
as  nnder  the  act  of  WM).  except  that  all  re<|nireineiits  as  tn  de- 
liendence  were  eliminate<l.  iiecaiise  of  its  trrcater  lik-ralitv  in 
r;ite  and  conditions,  tlie  act  of  VH)H  promptly  sit|)erseiled  the  act 
of  \H'X)  so  far  as  widows'  claims  were  concerned. 

The  two  s  of  i"el>niary  (k  I'K)".  and  .\pril  l'»,  1<H>K.  caused 
a  lartre  incr  e  in  federal  ix-nsjun  expenditures.  1-Vom  .Sl.^S,- 
1.^5.(X)()  in  the  fiscal  year  1<H)7.  the  amount  paid  as  [K-nsioiis  in- 


.Hi 


'.'(.«r„.i/    ,./    Ilu-     lis!    Xctl:,-':.:!    E::. am tm.nl.   (/.    .-/.    A'.     ]g()7,    7.^.70     7,,^ 
248-2j4>. 

^Ji'tiriwl  of  iJd  Xiili.'inil  l-.<uitml'm,nt.  <;.  . /.  A',  1M)«,  <X)-9J,  .'14-Jl.s. 
'  (.'.  J>.  Statutes  (It  I  iircj'-,  xx.xv,  i>4. 


i^ 


252  FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

creased  to  $153,WJ.  -^X)  in  1908  and  $161.y74.0(X)  in  1909— the 
.listnirstnient  in  1909  l>ein},'  the  largest  in  any  single  year  up  to 
that  time.  The  i>en.sions  of  202.577  widows  and  minor  children, 
on  the  roll  when  the  act  of  Ai)ril  19.  1908.  was  passed,  were 
immediately  increased  hy  the  amount  of  forty-eight  dollars  a 
vear  without  requirinjj  the  ])ensioners  to  make  application.  There 
were  also  a  large  numl)cr  of  new  ai>plicalions  under  the  act  of 
1<H)8.  due  to  the  elimination  of  all  conditions  concerning  the 
pecuniary  circuni^lances  of  widows,  between  .\pril  l'»,  1"'0S. 
and  lulv  1.  190').  there  were  31..V)4  pen>ii>n  certiticates  issued 
under  the  new  law.'  Tlui^  hy  the  fiscal  year  l'H»'>,  the  >y-tem 
of  Civil  War  pen>ions  in:iugiirated  hy  the  act  oi  June  27.  18*)0. 
had  lieen  so  amended  and  cxp.inded  that  it  retpiircd  the  expendi- 
ture of  S105.S88,0O() — this  amount  heing  paid  on  claims  in  which 
there  was  no  connection  es  hUshcd  l>etw(.en  the  disaUility  or 
death  and  military  service,  in  the  same  liscal  year.  S4r>.'>0().(H)0 
was  paid  out  in  Civil  War  i)ensions  under  the  general  law  which 
re(|iiircd  \mnii  that  the  cause  of  the  disability  or  death  origi- 
nated in  military  service.  The  scrvice-iK-U'^ion  system  now  over- 
^hado\^ed  the  general  law  system. 

r.efoie  it>  condition-;  and  rate-;  wire  ni;ii!c  more  liUrnl  hy  the 
act>  of  I'Vhrnary  <>,  l')il7.  and  .\pril  l'».  I'XlS.  the  cost  of  pen- 
sions under  the  act  of  June  27.  1S'"\  hail  already  reached  a  total 
con-iderahly  in  cxces<  of  S1.000.0<)0.(»<)(l.  i"or  the  year  l<>tV>. 
Infore  the  new  legislation,  the  expenditures  mider  the  act  of 
1S*)0  amounted  to  a  total  of  $74.(H1(\(X)0.  In  l'>0«).  after  tlie 
acts  of  1907  and  l'M\S  were  ni  ful!  operation,  the  comhined  co-t 
of  execiuing  the  acts  of  IS'X).  i'M»~,  and  I'X^S  ;unounte<l  to 
S105,SS8.(t<XI.-'  'i'luw  the  amnial  exiK-mliture  '"  >r  Civil  War 
servicc-peii-ions  was  increased  nearly  S.U.IX^VOOO.  This  adtled 
]>ension  exiH-nditure  fell  in  a  jx-riod  of  fjeticient  government  re- 
ceipts following  the  panic  of  l'">07.  There  was  a  deticit  of  SiiX- 
0(^),(K)()  in  I'VtS  and  S5S,7i'MlO'^)  in  I'^H*  The  con'orati.-n  in- 
come tax  included  in  the  tariff  act  of  VXY)  prrvhiced  an  annua! 


'  /wT-irr  .•/  Ilu-  r.'mmi.v.n.'PKr  ,./  I'.iisi 'tts  for  l'X»,  9.  10,  I.^  1-' 
»  ll'id     fi.r   I'lOf)  and   lOrW 


civil.  WAK  SKRVICE-PENSIONS 


2?.? 


amount  alKHit  e(|ual  t()  tlie  increase  in  pension  exf)en(litures : 
$_'(>.< >5-',(KX)  in  l''U);  $3.?.517,UUi  in  I'lll;  and  $_'.S,583.U(X)  in 
1"1J.' 

The  laws  of  I'X)"  and  l'H)S  did  not  lonf,'  content  the  service- 
pensioners.  The  desire  of  many  of  the  veterans  \v;ts  to  secnre 
a  pension  of  a  dollar  a  (!a\,  and  l>ills  havinj.^  that  end  in  view 
were  put  forward.  Others  asked  for  hijjher  r;ites  at  the  various 
ajjes  named  in  the  act  of  l*Ht7,  (jr  for  the  maxiintnn  rate  of 
twenty  dollars  at  a  much  earlier  ai;e.  On  U-half  of  widows, 
measures  were  advocated  for  the  jiensioninfj  of  widows  who  mar- 
ried e.\-soldiers  after  June  11 ,  18<X>.  The  national  encaniiMuent 
of  the  (1.  A.  R.  at  Salt  I^ake  City  in  H't)*)  disapproved  the  dollar- 
a-ilay  K-nsion  f)roposal  as  impractical,  hut  endr)rsed  the  movement 
to  extend  the  date  previous  to  which  the  niarriaL;e  of  peiisionaMe 
widows  musi  have  taken  place. •  .\t  the  l''l()  enciminnent  tiie 
conunander-in-chief  rep<)rted  that  practically  no  f^tiieral  ]Kii>ion 
le;;islation  Iiad  heen  secured  in  the  jia^t  year  l)ecause  of  a  deti- 
ciency  in  the  revenues.  .\t  this  mectinj;  there  was  a  majorit\' 
report  of  the  committee  on  re-<olutions  in  favor  of  a  hill  increas- 
inij  the  rates  of  the  act  of  {•"ehruarv  (■>.  !'•<>".  and  a  minority  re- 
!>ort  in  fa\or  of  the  dollar-a-day  pension  jiroitct.  The  majority 
report,  which  was  adopte<!.  favored  itKTca--inp:  the  rates  of  the 
act  of  I'Hl"  as  follows;  .ii  -ixty-lwo  vear^  of  ai;c,  SIJ  a  month; 
at  sixt\-six  \ear-  Sl.~,  .it  seventy  \cars.  SJO;  at  se\ei)iy-tive 
years.  SJ5,  and  to  thcsf  wh,,  were  entircK  incapacitated  physi- 
call^•,  S.^d.' 

Dtirinv  tlu-  wiiner  of  l'M(  ip  ipe  ( i.  \.  K".  (  .■nimittcc  on 
IV'Hsions  workcil  for  the  Kill  which  was  etulorscd  iiy  the  national 
encampi'ienl.  1  iii  they  reiK'Utl  f.iihire  at  the  K(«hestfr  encamp- 
ment next  Anu'ii-t  liec,nis<-  |iavi  of  the  T',,  \.  K.  nu'u  had  ijiveii 
their  s;;|';ort  to  .ilic'-  liill-  nnuli  more  costly  than  the  cmlorsed 


>  .S/i)/i,t/i,,i/     //•.>,'..!.  /  ./■  (/;.■   I'f.M.ii   ^•,^■,■■.    f..r    101.'.  (ij.\  loO, 

-J.iiriuil  ./  l!u-    i;cl    \„';,).m;  /  »,,mi;  I.I.-".'    <,,     (    ,'■/ ,   \'t*>.  A.  K7.   !;<X  101, 


J34  ii:ni-K.\i.  Mii.iTAin  phnsioxs  in  thi-;  i'mti  d  st  \  i  i-.-v 

ir.(;i>iin.".'  i'lit-  lumniittee  ci»ni|)laiiu"il  iliat  iiosi>  ulmli  li,i,l 
t.ivdred  nicaMircs  iiivnlvnij^  tiM)  •^rcat  an  I'vpiMiditiiic  hail  dv- 
privfd  iIh'  (.■iK-anipment  l>ill  of  tlu-  iinitt-d  Mipixnt  winch  niif^dit 
iui^c  MViire*!    lor   it    tavorahle  i  onsidi'iation.' 

\  >tT\  icc-|>«fiisioii  1)111  which  li  id  t,'aiiic(i  ^iroiij;  >up|K>rt  was 
that  iirfpari'd  uul  advotated  hv  ( leiicral  l>aac  \<  Sherwixxl.  a 
1  >ciii<K-ralic  rcprcscntatuc  I'rotn  ()hici.  \<  ho  •Aa>  .i  d,  A.  R  man 
and  had  -crvcd  lon^-  and  ),'allantl\  .luiini,'  du  (  ivii  War.  i  icn- 
cral  Sherwood  advoc-ated  liU'ral  scrvice-inMiMniiN  L;iaiU'd  ac^nrd- 
ini,'  to  the  k'nyth  of  service  rendered  hy  the  |>ensioner  lie  wa.-. 
the  (.'hairinaii  of  the  (  oi  ;i;!ttee  on  Invalid  IVnsi.Mi>  in  tiio 
Dcinoc-ratic  House  n  Ue.  e>emati\e>  oi  the  (._M  (  ■  .n;;res^ 
'  l'M!-l')l,^i  and  lie>  he  \.as  m  a  ix»ilion  to  command  atten- 
tion for  hi-  views.  The  SherwiMxl  bdl  disre<jarded  are  in  dc- 
terniininu  die  I'ate  oi  [H'lisions.  Il  proposed  lo  ^rant  io  i  ;\il 
War  veteran-  who  liad  -ervod  from  niiietv  <la\-  lo  -i\  months 
a  -  rvice-iH-n-ioii  of  $1.^  a  month,  from  -i\  nionih~  to  nine 
nioiiih-.  S_'t';  from  nine  month-  to  ..m-  vear  .S_'.^  ;  one  veai  or 
move.  S.^O  Thus,  under  this  hill,  all  who  li.id  -erved  one  vear 
or  more  wnld  receive  alxnit  a  ilollar  a  day  a-  a  i>ension.  Since 
o\cr  -c\enty  jier  cent  of  the  Civil  War  survivor-  had  a  service 
"i"  -ne  \ear  .  .r  more,  ( ieneral  Sherwood'-  hill  wa-  ohvioii-h 
likely   to  Ik'  \er\    e\jK.-nsi\e. ' 

Ihe  re-iK'clive  merit-  of  the  SIutwimkI  l.iil,  die  Snllowav  l>ill. 
anil  tln'  -crvice-and-aire  niea-me  which  li.id  U'cn  end,.r-ci|  hy  the 
(i.  \  \<  were  iliscti--ed  at  the  national  eiicainpni.  iit  of  |'»1  1 
Ihe  (  ommittee  on  I'en-i..!i-  ie]".i!ed  ih;it  the  <]  \  K'  woui-J 
lia\e  n.  rc-.kon  with  the  pnncinic  of  the  Slie:w.  'xl  !•■!!  '  Sc-ui 
I'HMil  tjradnallv  came  to  fa\o>  .,  compromi-e  nica-un-  'TadMi': 
tl;r  :ien-i..n-  l".ili  according,'  i-  a;;<    and  len^lh  of  -ervi.  r 

I  he  li-c.d   \car-   I'M  1   and    i  'IJ   found  the    li<M-nr\    a-ani   in 


'III''  '"nlt..-.\  ,  '.ill  .,  MTih<'.an<)-.v.-  i^i.-i..n  ;.iil  \y:\i:  ni.i,  lil„-,,l  •  .,► 
"'■■'  ■  '  "I  '■>  ■  ■  \  K  ''I'.  |M--fi  il  ,  !!  :-.•  ,,■  Rrpr. -o"  u.o  ,.  l,ui  ,|.-l 
II   ■  •    ■"'    :      .IV.!.    .n  ill    :-.n.il('. 

•  .'•■iir... ,/     /,',''■   /.-//t    \  ;,'.,. .i  •'/  II,  .ii/i,-!!!,..-    I,    .1    .V     !'»1I    Ji.,  _>_1I 

■•/>■.■/■      •     ;    •;..,•  (.    .iiimi.(,..,,.,  .    ,,/  /•,.,„,    ,,(   .  ,,    iijij    j_'  _>i 

'•'•'•'•   ■'      '    ■''!.■    ,.-.''.    ',.J^i..'ji     l.iu.iii:;  ,n,' ■  ■      ,       I     -    .    cUi.  J.i.t   _-i 


ri\i!.  wAk  s;-.Kvirr..p|.:\si()N-s  255 

|)ri.->|tcTous  coiidiUoii.  aii'l  ,1  ;?rL'>iilciil:.ii  ■,  ainpai;,'!!  \,a-  .ij.jiradi- 
in^'.  I  lu'^f  tu..  i:irciinisia;Kes  ui.tc  liij;lily  iavural'!c  t.)  ilu-  -..ic- 
ii-»,  '.t  tile  lunvcnient  t'oi  new  ami  more  liiioiai  |r/!i^!.'ii  if'4i>:a- 
tinii.  Xf.tliiT  party  carol  to  staiiii  ,ii;aiiist  the  \.:>iK--  mc 
vcii-i'aiiv  'I'lic  only  (|iiestioii  \  -w  how  niiuli  i..  i;i\e  i!;it.i.  .'! 
Siit-rw.. Ill  hail  iiiinxlurtMl  iii,  hi!|  j,i  the  lion-e  a;  lin-  ti'-  =  sc--- 
^loii  oi  the  ()2(\  (  oiif^res>  oti  April  -■.  \>\\  ( )ii  A;!,'.;-;  !'■, 
I'Ml.  jii-i  i>fforf  tin-  d-aitil  .\vm\  nationa!  (.■iiranvra-r.t,  tiu' 
iiH-asnie  wa-  rfportfd  fr..m  i-ommmcr  li\  Mr.  SIkt,-.  ■  •  i.  r  a  I 
the  itr^-i  aini  second  ti'<'e',  referred  I"  thr  ( '■  inMijittee  "i  tl'.c 
Whole  House  on  the  State  of  rhi^  ! 'ri  im.  and  i.firtel  piint'l' 
Mr.  Sh('r\\'>o<l  aiietided  the  ;>  \.  K.  cticairijiiiient  a:;  1  ilea  d  l!,e 
•  liscnssioii  as  to  ilu-  -on  f  ]xMis<on  i)ill  fledred  !>v  the  i-\-so!d:e:- 
.\t  tiie  second  -<.-,ion  in  1  )eienil>er.  Mr,  ."-^r.c-w  o,  ,d's  l>dl  was 
taken  tip  m  tin-  liousf,  and  !u  made  a  s])eecli  in  wiiici,  lie  dc- 
scrila'd  the  ]iroceedmt^s  at  tiie  •  i.  .\.  I\.  encanijunent.  lie  syi  1 
that  it  was  uitendei;  hy  sonie  |)ersoTis  t,,  run  il;e  enc.-.ininnent  as 
a  jx)litical  machine,  to  eiect  John  McFlroy.  editor  of  the  Will  ii:.i' 
I  ribuHi-.  as  coniinandei -in-chief,  and  to  ^'ct  die  veterans  in  lira- 
tor  the  Siilloway  hiil  and  the  l\e;>ui>iican  jiartv.  <  renerai  >!ier- 
\mxm1  said.  "1  was  not  the  onl\  IXTiioc:at  in  die  encanipnieni. 
altlioui,di  1  was  ahout  tlit-  only  one."  The  [ilan  .>f  .Mrllro,  an  1 
his  iriends  proved  "too  raw."  and  (leneral  Sherwood  clainie  1 
tha!  the  |ire\ailin,!.:  senrii^ent  ,c.  the  encaitij^n^'iit  w.i-  iin-  the 
Sherwood  hdl  in  j>refereiice  to  the  SiiUowav  hi:;  t  v  nati'''-i' 
encaiiipmeni  hill  Th.-  onK  vote  taken  .  m  the  sn!>ie>-i  was 
amhiunoiis  111  character, 

I  he  whole  ileliate  on  :''■-:■  Slierwocwl  Mil  in  the  1!    ;!-e  of  i'rji- 
r  isenlai  ivcs   ilhisirate'l    die   e\lreniel\    jt-iiitica!    >  I' ira- •er   <■:'    v•■• 

iK'iision  (jnesticn.     i'.oih  tl'.'  ^''..r' I  hi!!  ipr>j)..,ed  hv  a  !  icni   - 

c'.nt  1  and  the  Sullowav  l.d  .pr.  n..s>-,l  1,  ,1  K'epnhtican  -  car-'ed 
i.i'-  L;realer  inn-.'ase-  in  o.-m-'-'!,  t!;,-ii)  bad  hcei:  .a-kr  !  f.  .r  |,\  d.-- 
<  iiand  .\rtn\   of  ihc  Ue'n'hlir  ai  Us  rao^nal  ■■ncan!;n!'crit  at    \l- 


/    ,V,',    III.  'iJ.!  1  ■   1:;:  .   !-;    -.  .-  .  4:4' 

..nnr"i''<:    <■'.     i.  /'•'  .  l''ll.  J.-i    J.M  y-'i 


2h<  l-KDKK  \I.  Mill  I  \KV  I'FNSIONS  IN  THE  UNITK  n  STATF.S 

lantii-  I  ii\  111  l'>lo  ( )ii  till-  Ui>is  ^i  ilio  iuihiUm-  .i|  |)i'nNi,.nfrs 
ini  ilie  lull  June  iO.  I'Mti.  the  otiiiuteil  iiuTfasc  ni  lieMsioiis  i.^r 
OIK-  \ear  iiiulcr  the  SIkt\m""I  l)ill  \\a^  'A.  ."jr.^.iNKt.iHK*  ami 
iiiulir  the  Siilloway  hill  over  .S-k^.UKi.lIK  t  Altiioiif,'!!  llie  hij,'h 
nu>rtalit\  aiiuni^  I'le  old  M)l(lier-.  lia<l  nm-ideiahly  reduced  the 
amounts  iieccssarv  Uv  i  )e(eiiilier,  I'Ml,  the  cost  ,,i  lulicr  rnll 
would  l>e  \er\'  lar^e,  I'.nt  no  |ii..|«isal  .ipiK-ared  to  U-  too  ex- 
pensive lor  the  iiiaiorily  (•!  the  in>tiilK.Ts.  I.ea<lei-  oi  Imth  jmr- 
ties  \  ;ed  Willi  each  other  m  pi .  .le^^ionv  ni  what  the',  were  uiil- 
iiiu  Jo  ill)  t.,r  the  old  >iildier~  ini.irai  "^hcrwood  twitted  the 
Uepuliheaiis  with  their  laihire  toenail  the  s.:llowa\  hill,  '..huii 
had  passed  the  House  nf  Kepreseiitatue--  »\  h<'ii  tlie\  were  in 
]>o\.  IT  lie  iiitiiiiated  thai  its  laniire  !••  ci  ii'.e  t-'  a  V'  te  iii  the 
Senate  was  dtie  :o  rresidcnt  lalt  s  oppi'snioii  mk.  the  tear  ot 
his  \e!. 

Sjieakinj;;  of  the  wav  endorsements  i.i  the  Siillow.r  liill  hacl 
Ueii  secured  troni  state  lej;isiatures.  lieiieral  Sherw.'od  s;u(l : 
"^o^l  ean  L;ei  .iii\oi>t'  to  vote  for  aii\  |iensioii  l>d'  \  mi  want  in 
an\-  lej;islature  iii  tlu  .\<irth  liecaiise  the  iiieinli<.rs  do  not  dare  to 
Vote  a^'aiiist  it,"'  ivepresentative  Martin  I  )ies  ipI  Texas  lia(i 
■iil'stantia'Iy  the  same  opinion  as  to  ihe  CMurai^e  ot  die  lloiise  of 
l\v  |irese'itati\es.      In  one  ot"  tlu-  l'  w   s]H'ee';ies  i)p|i.-!ni;  the  Slier- 

w I    1  ill.   lie   sa.d        "I    .1111   a   part\    iK-ii'  iral   and    I    want    i:iv 

party  ;  i\  in.  hut  the  naked  truth  -  thai  tin-  l)eni(K-iatir  p;irt\  is 
'•.ist  ,1-  I  ,\ardK  ■  n  tin-  peiisiun  nuestion  as  v\v^  the  Repiililuan 
li.irl\  dared  !o  Ik-."  Mr.  Dies  cor-idered  that  the  pro[).i.e<l  Jie-i- 
simi  incre,i-e  wis  a  eoiitriluit  ion  ti,  tiic  cx-s.  .lihers  for  p.>liti'..d 
],;.ri„i,es  and  th;f  it  wmild  U-  an  o^-;aele  t^>  tariff  ■'dint'on, 
"i  M-rv  ina!i."  sai-  he  "who  votes  ii.r  ihis  jK-rsidii  irrvease  in- 
IweetK'  \i.Vs  a:'a:!ist  !o\'.er  tarilf  tax.nion,"  Some  '>emi»rats 
viiilud  that  till-  |K-iisiriii  iiicicasf  cou'i'  In-  dofraved  1>\  die  ei'on- 
op  lie-  I  if  1  )eti|i.i  ratu-  .idnnnistr.-iiion  or  !.v  lev.in!,'  .an  iin  nine  tax. 

'■nia!'\  till-  II  Use  nf  Keft  i -ent.itu  i  s  pa-^ed  jhe  slier-.^i-id 
hill.   De.ctnUr   IJ.   I'M  I,  1  \   _'_"»  i..  '  ^^  tin-  .  .y.p  ,sij  j,,n  roiisistmi; 


'■.;.   A',-i.-:.',  VA  ri.nk.',  :M   Sess     Part   1,   1J7. 


Vl:    i 


CIVIL  \\\K  SI:RV1(  K-I'IASIO.NS 

priiicipaily  ui  .v>ut!iein  IX-iiUKratv'  loriiicr  .S]xak.  r  ( 
Mr.  Alaiiii,  .Mr.  Sulloway,  ;iii'l  the  l<r]iiil)li.  aiis  -.mialU 
with  SiK-akcr  Clark.  Mr.  Slu-r\\.,-..l,  ami  iik.-i  i,i  ihc  n. 
I)t.■lnllcral^  in  siipiKirtiii^'  tlie  im-aMin- 

111  January  fullowin-  the  ]ja^-a;;f  ..i  ilji-  Sli-r .■,.-..!  I,ii 
lluii.M-,  Sfiiatur  McCuiiiljcr,  chaiiinan  <>\  ilic  '    ,ninhiir.   ., 
Moii«.  in  ihe  Kcimblitan  Sciiatt-,  in'r.:(|i;< .-,:  a  ,,t,:.  .   a-,.    , 
1  Ills  nK'a>ure  was  nuMlitied  in  i.,ninint.c   \,\    -i    -Im;.   ;, 
-i..n>  aia-nlinj,'  to  lenjjth  of    crvicc  a-.  \m-;1  a-  a;.;r    a)  ■:,  ',i 
niary    14.    Mr.    Met,  umU-r   rqxjnc;   it   ,■l^  a    -.nU-innic    i 
MitT\v(H„><]  bill,  which  ha<l  k-cn  reiVrrt'!  n,  a-   i  mi  :i'.. 
March  «'  thi-  .Milotitutt-  wa^  mad*-  the  iiril:ni-hcil  l,;i'  in<-- 
Siiiatf  and  wa-  tht-reafter  ik-haicd  fro-n  lunc  to  tun.-      M 
Tinni^-r  said  tliat  tht-  .^herw-x.d  hd!.  whi.  h  had  1^.-:    ;;a 
thf  iioii^i-,  would  involve  an  ai<mia!  increaM-  --i  >7' :<"  ' 
more  and  that  a  Ix.nd  issue  would  j.rol.al- ■,   U    re-i'iinV  i 
\->w  the  necessary   fniHK,      .\ic ,  .Mhiii.-   i.,  th.-  -•■iiti.a-..    i, 
--.cured  i"r..in  the  I'eii-ion  lUireau.  the  Mihsnii:;.-  :,i,]r ■  ,:•■■ 
'raiority  -i  the  Senate  <onini!ttce  wo-.iid  r.-<,nir.-  .ai,   -i.  r,., 
p.-MM  .-.     ,1   Cl4,Mi,i»«i  |-,,r  the  first  >ear    S  V-i  ■  k  ^  m  , ,  .  : 
sr,   .;!d  \ea-.  and  the  averai-c  iiuM-a-e  for  a  ;,<-i.-'      ■   •  ,, 
alter  r-  eiLJuttnciit    .'.oi;!  ;  )<•  <Ji ,  i  m  <ttt  ti  >!  i        ii,.  .  ,     ,.,  , 


J  / 


aniM 

<ii. 

JollK  ll 

,rlln 

1 11 

II .    1 

h. 

•  r. 

-1  1. 

n 

.1     ■!.< 

■  I  , 


.a-:-u'   .  ;    .>I..,v„   h-iM--,   all-:    ]■:,.:.      .■    S.v.    ■,  .  r. 


■  •'.•;    ■    ;  en-    •': 
'^•.'"2  ;n-n»'  .!^t•r'■ 


.  »*  1 .  . 


(t.i.:^ 


■    '      :::r      ,i      •  ■       ■,  „  • , 
'.t    fall   ■   r  ■•;    T  -    ••,    : Vj 


p 

i 


258  I'KDl.RAl.  MILITARY  PENSIONS  IN  TJIK  UNITKD  STATICS 

iiicntary  evidence  tliat  the  Committee  on  Tensiotis  ot  tlie  G.  A.  U. 
liail  endorsed  dtTicially  a  hill  based  on  a  coml)inatioii  of  a^e  and 
service  >tandanls,  and  that  individual  niemt)ers  of  the  Ci.  A.  K. 
coniniittce  had  en.lorsed  the  Senate  sul>stitute.' 

Although  a  minority  of  the  Senate  Committee  on  Pensions 
reiH)rted  in  favor  of  the  Sherwood  hill,  the  substitute  as  j)re- 
seiUed  by  Mr.  McCuuiIkt  passed  by  an  overuhelmini;  majority. 
L'i>(Mi  disai^reement  with  the  House  a  conference  committee  was 
a|)ix>inte<l.  In  the  main  the  conference  ctmunittec  adopted  the 
Senate  bill,  but  the  rates  to  l>e  paid  veterans  of  sixty-six.  >eventy, 
and  seventy-five  ycar>.  who  had  performed  lonj;  ])erio<ls  of  ser- 
\ice.  were  sumcwhat  increased.-  I'oth  houses  aj;reed  to  the  con- 
ference report,  and  the  bill  l)ecame  law  by  the  sif^naturc  of 
President  Taft  on  May  11,  lOl-'.'" 

This  act  granted  ]>ensions  to  iktsoiis  who  ser\-ed  ninety  da\s 
IT  more  in  the  Civil  War  and  were  sixty-two  years  of  age  <'r 
over.  The  monthly  rate  of  the  pension  varied  lx)th  according 
t>  :vie  and  length  of  service  as  .shown  in  the  following  schedule: 

LkNCTM   (IK   StKVK'K 


.\l'.' 

<»<) 

1  Ml 

mills 

t  MMr 

1 

..  .ve.irs 

2> 

cirs 

21 

,  ye:ir. 

,'  years 

''-' 

.V.^'l 

J14.0I) 

$14,^1 

$ 

.=  (X) 

JUi.Ol 

)■'     . .  . 

". .'  1  H  1 

,^  .^'1 

Ui.lHl 

I'v.'O 

r'KI 

18,m 

I'l.K) 

^' ' 

ISIfl 

'l.lMI 

JO.IVl 

Jl  .=11 

.'.ill") 

.Mini 

J.viXl 

/  .- 

.'I'M 

'J.^O 

J4.II0 

J7.IXI 

iO.llO 

.)»).()() 

.>' 1.1)0 

Tiiere  \\a-  included  in  the  act  "i  l''l_'  a  pr^'xi-ioii  that  jien- 
-ii.ii-  ^hiiuM  Ix.'  I'ai'l  at  the  iii.i\!niuin  rate  of  ihirtv  di'llar>  per 
irMiitli,  without  regard  !o  a^c  ■  "■'  ieiigih  of  --ervice.  to  pei'.-oii> 
\,!if  -ervc'l  in  the  ('i\il  War  anl  \\ere  honorably  discharged  and 
v.l'.i  .are  now  disable'!  from  pi  ri'orniing  manual  'alxir  as  the  re- 
su';  if  \\'iui''!>  tecei\"cd  jh  battle  ^r  in  the  line  of  (hity  or  as  the 
rc^iiii   ■>!   disease  ^r  othe:'  ca't^e^  incurred  in  the  lire  of  dntv. 


U',-...;    /v',-,M',;.  '.J,!  C.Tr^..  21  <t:~-      I'irt  4.   >37'i 

-'  /-■■■J .  .i.irr.  'ii"i. 

'  t ' .    ^        -.''n'.vs-    I'   ''   !'■  !      xxx\'n    112 


(  l\  l[.  WAK  SF.RVICF-PENSIONS  25'> 

llii>   proviMoii   was  Mih^taiitially  a  diiplicatitjii  ni  tlic  cxi-,tiiiK 
fjeiicral  law. 

Ilu-  ait  also  j,'raiitc.l  iK-iiMniis  at  the  rate-  uf  thirty  .|..llar>  a 
iiiwiilh  t.)  all  \H.-rsnn-,  who  liad  curved  sixty  (bys  or  iiDre  in  tlic 
War  with  Mexio.  ami  had  Ix-i'ii  h.M.orahly  discJiarKcd. 

Wlu-n  the  o.nicrtm-e  rqx.rf  on  the  act  of  V>\2  uas  iiikUt 
coiiMderation  in  the  Senate  and  the  hill  uas  in  it,  lltiai  h.rtn, 
C -nmiissioner  of  Tension,  Davenix.rt  estimated  tiiat  ii  u.nd.l 
nurease  the  annual  valne  of  the  ix-nsion  roll  $J5.7'<7J(,_>  ii^. 
prolwhle  nnniU-r  ..i  heneliiiarie,  uas  estimated  as  4_'i»,'»f,^  and 
the  avera>,'e  annual  increase  [H-r  ]ensioner  as  $(,\.JH  ' 

Immediately  after  the  .•.i>pr  sal  of  the  new  pension  law.  the 
iVnsion  I'.nrean  furni-hed  over  G)i,,in)t>  application  l,lank,  to 
memkT>  of  Ion-res.,  (irar.d  \rmy  posts,  an.l  individnaK  ul... 
made  recpiest.  i,,r  them.  In  the  i.,rty-tuo  l.nsi.R.,,  .bss  ,,|  the 
fiscal  year  1<»!_'  reniainin-r  after  the  ,i|)prova!  of  the  a.i.  i),,- 
IVnsion  Ihirean  rereived  4'),,.nJ,v^ai.plicalion.  In  Xmni-t.  I'MJ, 
>  on.unss  in.hided  an  iieni  of  :s.^.mi,ih«i  ,„  ,1,,.  ,,|,„j,,  ,.,^.,[  .^j,, 
pn.priatn,!)  hill  to  empl-y  a  forn-  of  icniporarv  ,  .-rU  i.,  .-xp,- 
dite  the  settlement  or  claims  tmder  the  act  of  \Ia\  11  I'  \,<v,- 
M\  1<)I.I  504.<MS  a|.pl,calion-  had  U-en  re  ,Hed.  ,„  .,  ,.^^^>^> 
I>ension  certitiiatis  had  l.een  .--■■td  <  )nl\  yt-\  ,,,  ,)„._,.  ,,.,,,,. 
cales  uere  on;:mal  a!'..uana--  •  .  prr-n.  u,xrv  ,,-u-u-  ,,,  -i.r 
pen-Ion  roll  under  .iiher  'aw  > 

The  act  of    I'MJ  „||„.,-,,,  ■,.,!   ,],,.    .,,,-^.  .    .|,    , 
niary  ,,    \'H)7.  an.l  m..-;   ..,    ihr  pi-n,,.nrr-   ,.„: 
\verf  ~.M,ti  iraiisfrrrc!  {■  ■  ilie  r-'l  nnlcr  ilu-  ad  • 
Ihr  U-nefit  of  'ii-l-.rr  rat.-,      Tli,.  am. .mi   ■;, 
increa.se.i    fr^m  .<!  .-_',".v,,  i  - ,.,  „,   ,1,,.  r,.,,..,,   ,^,,.,,     ^  ^      ^_   ^^^^ 
16].<KMI  n,    iwi,^  ;.,„;   Sir.',}M',.-M   „,    I'dl       l,,'    \'n.\   ,1,,.',.. 
IK-n.litnre    f,,r   p,,.--,,,,,    ,,,,    .-;,   ■^„.^,.^,    ,„    ,,^_.   ,^_^j  ^^.^       ^.   ^,_^ 

cnnnv,  and  u  has,,.,,  .,,!..■',..,."  .-xree-l,.!  i  i,,-,-,  u,,.-X'-  '  . , 
l>ensi,,,iers  ,,n  hme  ,- '  !":.^  a-  ,  mparr.l  u  „1,  ;!,.  ,„aMn~,.., 
nn-dHM  ,,f  ".H.,44o,,n  !,:m•,^M  I^kij  I!,,  ,.,„1;.,  ,„  p,,,  ^,  ;^ 
Sl.<r,,=ii4,iM(;i 


:'■  •■!■       .i 

I'MJ  ■■. 
\H\i.^\  ...,    .'a 


t^- 


«•    ^ 


'    t-  '■■*■'}.     h     .  -'r:!,    '.J.i     '■■■;■. 


2,4)  IKOFKAI.  Mll.n  AKV  I'K  NSIONS  IN  THK  UNITIU  S  1  ATKS 

An  act  (if  March  4,  l'»13.  required  the  Commissioner  nl  I'en- 
sions  to  keep  a  reonl  of  the  iianie,  len;;th  of  service,  ajje.  ninnthiy 
rate  of  iR-nsioti.  and  county  and  state  of  residence,  of  eadi  pen- 
si.  mer  under  tlie  act  of  I'UJ.  At  the  end  of  the  fiscal  year 
1"14.  these  lecords  were  to  in-  talnilated  hy  states  and  counties 
and  tile  l,i>nuuissioner  of  i'ensions  was  re(|uired  to  furnisli  cer- 
litieil  copies  of  the  same  u|)on  tlie  payment  of  a  fee.  I'urthcr 
increases  ol  rate  uuiler  tlie  act  o|  PUJ  uere  to  lie  made  without 
aiplicalion.  on  account  of  the  advancing'  a),'*.'  of  die  pensii.ners. 
The  increase  was  to  In-  maile  aiiloinatically  for  each  |H.'nsioner 
troni  the  date  the  alx've  record  sliowed  him  to  have  attained  tlie 
aj;e  retpiired  for  a  hij^her  rating;.' 

At  the  l.os  An},'cles  national  encampment  of  the  ( i.  A.  U..  in 
Septenilier,  I'M-',  the  (.'oinmittee  on  I'ensions  j;ave  .in  account  of 
it-<  activities  in  securing  the  passa;;e  of  the  act  of  May  1 1.  1"1_'. 
anil  expressed  the  opinion  that  it  was  the  l>est  pension  law  ever 
enacted.-  nuriui;  the  next  feu  years  the  (1.  .\.  1\.  orj;anization 
interested  itself  es]iecially  in  advocatini.;  more  lil>eral  provisions 
fc-r  widow-,  and  es]ieciall\  in  securing  the  admitt.ancc  to  the  \k-u- 
siiiii  loll  of  tho>e  widows  who  had  married  after  June  27.  WH), 
and  whose  huslands  had  not  dieil  fmni  causes  ori_i,'inatiut;  ni  the 
military  service.''  The  year  oi  a  presidential  c.inijiaij^ni  aj,'ain 
!iroU),dit  an  imi>ortan'  succe--  in  the  passage  of  the  act  of  Sej)- 
temU-r  S.  l*ll»>. 

This  l;i\v  providetl  thai,  after  it-  passa.ije.  every  widow  jr'H- 
-i.  iier.  who  was  the  law  fnl  wife  nf  ;i  -oldier  or  -ailor  during  his 
periiKl  cf  service  in  the  Civil  War.  -hould  have  her  ]Hii>iiin  in- 
i  rca-ed  to  twent\-  dullar-  a  ir  inth.  it  aKo  tixed  the  jiensioii 
;,itc  lor  \\idi'\ss  whii  uiTc.  i.r  slionl!  thereafter  U'.  pensioned  on 
.•KC'Ullt  "f  the  War  ■•!  ISIJ.  ■' ,  W  .ir  with  Mevico.  and  the 
(svil  War.  an<l  wh.i  li;id  rc.nl!-,  ■•r  -\,  ii'i!  ilnTeafirr  reach,  the 
,ii:e  I'l   -evem\    \!,ir-  at   twes!!^    >:    I'i.ir-  :i  iiinnili.       I'ltese  pr^vi- 


-  .'.  uri.,;,'  -/    ;',;;.    \  il:    ",1/  !■<:.. .mrm,-' I.  i,.  .1.  A',,   I'M  J.  Vx.  2<l2 
-cr   ./..nr-:  ;,      ,1/    .'.-(/,     :il,l     ■■■■.     \  .;      •,  j;    /. '     :  "i.-.ii.-ir'.t.  (,,    ,  (     /\   .   !')!.?   illld 


CIVM.  UAK  SKRVICK-PKNSION'.S 


261 


'<i-«is  were  appliiahle  lx)th  to  Rcneral  law  uidnws  aii<l  to  wid^.w, 
under  Jif  act  of  1S<)()  and  snppliineiitarv  Iei,'i>latioii."  On  (Kt.>- 
Iwr  6,  19ir.  the  |)ension  rate  for  all  Tivil  War  widow,  wa,  in- 
creased to  twenty-five  d<.lIarN  a  nionlli.= 

Prior  to  ;yi6  there  were  certain  provisions  of  law  under 
which  general  law  widows.  wh(»  had  lost  their  i)ensions  \>v  reoM.n 
()f  remarria^re.  iniRht  l)e  restored  t<.  the  pension  roll  upon  atraui 
IjocominR  widr)ws,  or  uix.n  kMiijj  divorced  without  their  own  fault. 
The  second  section  of  the  act  of  l')ir,  extende.1  this  priviletje  of 
restoration  to  the  roll  to  Civil  W.  t  widows  whose  soldier  hus- 
bands die<l  from  causes  not  of  service  orif,'in.  In  cases  where 
remarried  widows  are  restore<l  to  the  rolls  ujion  the  death  i.f,  ,.r 
uiH)n  divorce  from,  the  later  husUand.  the  pension  rates  now 
established  !)y  law  are  allowed. 

Section  3  of  the  act  of  VHf,  extended  by  a  perifxl  of  f^ft«;en 
years  the  linutation  on  the  date  of  marriage  of  Civil  War  widows 
whose  husU-uids  did  not  die  from  causes  of  service  ori),'in.  Pri..r 
to  1«)16  such  wiflows  could  receive  [Kjnsions  of  twelve  dollars  a 
month  (after  .\pril  l'>.  1<)()« ,  provide<l  that  their  huslvan.ls 
serve*!  ninety  day>  or  more  and  also  that  the  marriape  .Kcurre.l 
prior  to  June  27.  IS'X).  The  act  of  Septeml«r  «.  l«)lf,,  admitted 
to  i)cnsionable  status  widows  of  this  class  whose  marriage  to-k 
j)lace  prior  to  June  27.  VM^5. 

A  younp  woman  who  married  an  aped  ex-soldier  forty  year, 
after  the  Civil  War  en.led  may  now  l)e  [wnsioned  f,)r  life  as  hi, 
widow,  provided  that  the  soldier  served  at  least  ninety  days  and 
was  honorably  discharged.'  If  such  a  youn.p  woman  reniarric 
she  forfeits  her  pension      Hut  it  will  1^  restored  up..,,  the  death 


'  I'in-.ir,ns  ot    15".J4«  wiit.,«. 
and   including!    Itiiu-  .M).  l')17      A', 
1917.  '). 


ill.'   .ihivi-    i-la-<.-s    wrr.'    imriMM-d    up 


Sta  .^   s..l,|,er.   m    tlu-   prc«,-,u    l„r,.p,.3n    W.-.r,      TI,o  ,mr>a,c    f.  t«cntv 
<..ll.-.r.!  ..  montl,  .ippl.cs  i„  all  Civil   War  w„|nw.  an,l  widows  ,,t  ".Id   •■■ 

'r"'tHr"";,-r'r"',  •''''^'"  ,•'•"''  ""^  PlMi,pp,n-  lnM>rr.ct,on  now  „n  tlu'  pen.,,.,,,  ;.,| 
.T  hcrt-altcr  p.  he  pla.-ed  -.i,  tlie  p.-n-i.^n   r■^l!, 

!.  !«<«,  on  pa«e  141. 


al-i>  pr.iv,si.)n<  ..,'  ili.     i<  t     .1    Ma 


li^^Ss-- 


~2n^ 


Lt. 


li^ 


JkJl  . 


^m 


J(,J  IKDl  K  \L  Mll-IIAKN  I'KNSK  >NS  IN  I  HI-:  IMTl.U  ST.\  TKS 

ui  tier  scciuul  husliaiid.  nr  wlirn  >!k-  i>  flnorcol  from  Irt  MCuiid 
luisliaml  u|H>ii  her  wii  ain>li«.ati'  ii  ami  witlumt  laiilt  nl  her  own. 
Sectinii  .?  uf  tlic  act  nl  I'Mo  iiiitaiii'.  Imwivir,  llic  pruviM', 
"riial  wlicre  a  ixiiisHiii  lia>  liceii  t;iaiitctl  to  a  ■.olditr'-.  or  -ailor'^ 
iK-lplos  oi  nliuiic  child  or  children,  or  chiid  i>r  clnldrcii  uikUt 
the  m^v  of  sixtcrn  years,  his  widow  shall  not  lit-  viiiitlid  to  |>en- 
sioii  uiuler  this  section,  unless  the  |)enMon  to  such  chiid  or  chil- 
dren ha>  lerininateil,  or  unless  such  child  or  children  1*  a  iiicin- 
Ur  or  niemlKrs  of  hi!  lannly  and  cared  for  by  her.  and  n])on 
allowance  of  |K;n-ion  to  the  widow,  payment  of  iKJiision  to  «uch 
child  or  children  shall  cease." 

Thus,  l)y  the  successive  stei>s  that  have  Ucn  i<scriU'd.  there 
has  Uen  develo])ed  out  >f  the  act  of  June  27.  IS'Hi,  a  hiaiuh  of 
our  military  |>ensit)n  system  which  co>t  down  to  the  euil  oi  the 
fiscal  year  1«)17  ai'i>r<.\imately  ?-',_'3(M»(H>,()(>l).  This  vast  sum 
has  lieen  paid  mil  to  I  ivil  W  ar  soldier^,  their  widows,  and  their 
dejienilent  relatives  in  cases  where  no  jiriMif  was  furnished  that 
any  disability  or  injury  w.i^  nccived,  or  ili^ea^e  contracted,  in 
the  military  service.  \\  ith  the  exception  of  sonic  limitation  on 
the  f^rantinjj  of  wnlows"  jH'nsioiis  during,'  the  early  part  of  the 
I>eri<Kl,  the  amount  h;i>  lieen  distriliuted  without  diM.Tiiniiiatioii 
Iwtween  the  iKK)r  and  the  pro>j)erou>.  I'ntil  1''1J  no  >i)ecial 
recojjnition  was  {{iven  to  Ion).j  and  nierilon.ius  service  during;  the 
\sar.  The  three  months'  man  w.'i>  pciiMoned  nii  the  same  Ui>is 
as  the  soldier  who  served  thr<iu),'h  the  whole  war. 

The  former  soldiers  have  constantly  u>ed  their  orj;anize<I 
strenjjth  to  --ecure  >,'reater  ami  j.:reater  l)enetits  at  the  cxjK-nse  of 
the  taxpayer-,  of  the  country,  kecurriiif;  presidential  caini>aigns 
have  furm>hed  favorable  o])|Hriunity  to  niake  demands  for  |K'n- 
sii'iis  at  ;t  lime  when  party  leader-  were  jwrticularly  amenable 
to  jx.litiial  pre->ure.  The  satisfaction  of  such  demands  has  lieen 
the  j>rice  of  sup|H)rt  at  the  polls.  In  mr»re  than  one  presidential 
i.itii]>ai^'n,  the  jH-nsion  v()te  has  played  an  extremely  imjKirtant 
part.  I'eiiMoiuTs,  and  the  relatives  an<l  friend<  of  jiensioners, 
have  ca-t  -i>  manv  votes  in  the  c<'nf;ressionnl  districts  of  the 
Xorili  and  \  .  est  that  it  has  taken  umi-ual  courajje  on  the  part 


wmmm^m-^y^H-. 


W^l^M^W^I^j!^  !.^^f^, 


^ 


^1 


PKNSIONS  AND  I'OLI  I  It  S 


J(..i 


oi  Miciiilitrs  ..f  L(>Ilf,Mt'^^  ii»  l<f  recorded  a^;aill^t  |H?iii>ii»ii  lnll«, 
cvfii  uhcii  such  nicasiires  wert-  loose  and  exiravajcaiit  in  char- 
acter. 

llie  administration  of  the  laws  lias  also  U-eii  hani|RMe(l  l>y 
liolitical  pressure  and  interference.  Some  administrations  have 
lieen  vit;ilant  U>  protect  the  Treasury  from  imposition  and  fraud ; 
others  have  l>een  "hlwral"  to  the  jx.int  of  facilitatmg  the  jien- 
Moning  of  |)ersons  whose  claims  wcr-;  of  donlniul  merit  or  sup- 
ported hy  false  repre.sentations.  Under  the  in-nsion  laws,  im- 
position ha>  often  lieen  ea.sy  and  the  fruits  of  dishimesly  |,'reat. 
The  i>rovisions  Rranting  [R-nsions  for  disal.ilities  not  of  service 
origin  have  stimulated  deinndcnce  among  the  veterans  and 
tended  to  place  the  ser-^ice  of  the  citizen  to  the  state  upon  u>o 
mercenary  a  Iwsis. 

.\s  Professor  .Mlwrt  P.ushnell  Hart  has  said,  the  idea  ha>  found 
constant  expression  in  Congress  and  in  political  discussion  ihat 
the  soldiers  of  the  (  ivil  War  have  a  sjxfcial  claim  on  the  national 
Treasury.'  Again  and  again  nuinUrs  of  Congress  have  taken 
the  ijosition  that  the  payment  of  additional  money  for  jjensions 
was  a  preferred  claim  on  any  suqilus  that  might  \ie  on  hajid. 
(  hanges  in  the  internal  revenue  and  tariff  systems  have  l>een 
(•l.posetl  on  the  ground  that  I.y  decreasing  the  reveiuies  from  fe<I- 
eral  taxation  they  would  reduce  the  amount  availaMe  for  the  i«y- 
ment  of  pensions.  Though  it  is  perhaps  tm>  much  to  say  that 
there  has  k-cn  a  conscious  alliance  In-tween  tho.se  who  desire  a 
l.roiective  tariff  and  the  great  Ixnly  of  the  ex-soldier  voters,  it  is 
certain  that  influential  lea<I(r>  of  the  movement  for  increased  |)en- 
>ions  have  jK-rsi stent ly  urged  the  old  soldier>  to  opjK)se  tariff 
reduction  on  the  ground  that  any  lessening  of  te<leral  taxation 
would  place  ol«tncles  in  the  way  of  larger  ,)ensi(>n  ex|)endii,ires 
Fn  recent  years,  h.wever.  DemtRrafs  have  said  in  Congres>  that 
a  i)arty  program  of  tariff  reduction  could  now  ]yc  carried  out 
without  prejudice  to  further  pension  grants  I.y  deiH'n-L-nce  ui^.n 

'.Mht-rt  nushnrll  ll.irt.  .Wiiwiml  Ideals  Historically  Traced.  281. 


lii 


^wet.'^^"^^- 


'w^^t^wm^j^::^. 


MICROCOPY    RISOIUTION    TEST   CH*«T 

lANSI  ond  ISO  TEST  CHART  No    2l 


^     APPLIED  IN/HGE     In 


'■>-''■'    '  :-•    V-^    -,. 

-P- 



-■-■-'■e^tf.    ',ft,    hj 

1.          --€09 

■jijft 

.  ^'b''    *8/      O.V-iC 

.  '16)    ^'P8      ^989 

f.:!. 

2fA  FEDKRAL  MILITARY  rENSiONS  I\  THE  UNITED  STATES 

tlie  income  tax  to  secuie  the  needed  funds  for  further  disb  irse- 
nieiits  among  the  old  s<jldiers.' 

While  reviewing  and  deploring  the  abuses  of  the  [wnsion  sys- 
tem in  the  past,  it  is  fair  to  point  out  that  the  objections  to  ser- 
vice-i)€nsions  do  not  now  have  as  great  force  as  in  1890  and  the 
decade  immediately  thereafter.  The  veterans  of  the  Civil  War 
are  now  all  far  advanced  in  years.  Their  service-pensions  have 
Ixrcome  practically  oUl  age  pensions.  Yet  the  objection  remains 
that  the  wealthy  and  prosjKTous  receive  the  same  provision  as 
the  jxxjr.  And,  where  service  in  the  Civil  War  was  short  and 
without  injury  to  the  si>ldier,  it  does  not  seem  clear  that  the  ex- 
soldier  is  more  worthy  of  an  old  age  pension  than  many  other 
deserving  citizens  of  equal  age  and  inadequate  means  of  support. 

The  members  of  the  Grand  .\rmy  of  the  Republic  performed  a 
great  and  imperishable  service  for  their  country,  and  they  deser\-e 
the  respect  and  gratitude  of  the  millions  who  now  enjoy  the 
l)enetits  won  by  their  exertions  and  sacrifices.  The  unselfish  and 
patriotic  spirit  in  which  the  soldiers  of  the  Union  devoted  them- 
selves to  an  arduous  task  makes  it  all  the  more  a  matter  for 
regret  that  in  later  years  the  persistent  jnirsuit  of  pensions  has 
often  given  a  sordid  tone  to  the  activities  of  the  Grand  Army 
and  other  similar  organizations.  It  is  not  conducive  to  high 
patriotism  to  form  a  judgment  of  the  administration  of  govern- 
ment based  on  lavishness  in  the  distribution  of  largess  or  the 
reverse.  Vet  the  soldier  organizations  have  frequently  acted  on 
this  standard  of  judgment.  It  must  be  said,  however,  that  there 
has  always  I)een  a  strong  element  in  the  G.  A.  R.  in  favor  of 
moderation  in  the  seeking  of  pensions — an  element  that  is  dis- 
played a  truly  patriotic  attitude  in  opposing  unnecessarv  and  ex- 
travagant claims  on  the  Treasun.-. 

The  self-seeking  spirit  in  the  organizations  of  former  soldiers 
was  not  a  sinintaneous  growth.  It  was  systematically  cultivated 
and  pronK>ted  by  so-called  "friends  of  the  soldier" — claim  agents 


'  Cniii.  Record.  62(i  ConR.,  2d  Scss.,  Part  1.  199.     Remarkfi  of  Roprescnta- 
tiv.-  I.ittlopaKe  aiifi  elsewhere  in  the  debate  on  the  net  oi  May  11,  1912. 


PENSIONS  AND  POLITICS 


265 


in  view. 


ilid 


and  politicians  who  had  fees  or  political  advancement 
The  influence  of  George  E.  Lemon  and  his  National  Tribune 
much  to  introduce  and  perpetuate  this  spirit  in  the  (iraiid  Army 
of  the  Republic.  Many  have  been  the  jMjliticians  who  have  sought 
to  ride  into  power  on  the  strength  of  lavish  pension  promises 
held  out  to  the  old  soldiers  as  an  inducement  to  secure  their  votes. 
There  is  alninc'.ant  evidence  of  the  use  of  such  methinls  in  Indiana, 
Ohio,  Kansas  and  other  states.  The  political  apjieal  to  the  sol- 
dier vote— backed  by  periodical  increases  of  pensions— has  been 
used  by  Ijoth  the  leading  parties  when  opportunity  afforded  and 
continues  to  the  present  day.  But  .he  rapid  inroads  of  death 
upon  the  Civil  War  jjension  list  will  joon  greatly  reduce  the  im- 
portance of  this  method  of  securing  political  support. 

Critics  of  the  Civil  War  pension  system  must  admit  that,  con- 
sidering its  great  cost  and  gross  abuses,  the  people  of  the  United 
States  have  borne  the  financial  burdens  of  the  system  with  only 
a  moderate  amount  of  complaint,  if  not  with  general  contentment. 
For  this  condition  a  variety  of  explanations  may  be  offered,  all 
containing  some  degree  of  truth.  Active  or  tacit  support  of  the 
pension  system  has  Ijeen  based  partly  on  a  sentiment  of  grati- 
tude, partly  on  self-interest,  partly  on  indifference  to  burdens 
that  were  unfelt. 

A  feeling  of  genuine  gratitude  toward  the  men  who  fought  to 
preserve  the  Union  has  predisposed  the  Anerican  people  to  lend 
a  favorable  ear  to  claims  made  in  their  behalf.  Practically  every- 
one is  in  favor  of  liberal  provision  for  those  who  were  wounded 
or  injured,  or  contracted  disease,  in  sen-ice,  and  for  the  widows, 
children,  and  dependent  relatives  of  soldiers  whose  death  was 
caused  by  sen-ice.  ."^^entiment  ha>  not  l>een  so  unanimous  for  pen- 
sions to  ex-soldiers  whose  disabilities  were  not  caused  by  military 
service,  and  to  the  w-idows  and  dependents  of  such  soldiers.  But 
even  in  cases  of  this  class  there  has  been  a  ven-  general  disposi- 
tion to  give  the  ex-snidiers  the  Ixnefit  of  any  doubts.  The  coun- 
try has  been  rich  and  able  to  I>e  generous.  Tt  has  l)een  felt  that 
the  veterans  served  the  countn-  when  it  was  in  need  and  that 
many  of  them  may  !ie  worse  off  physically  or  otherwise  because 


2(<t\  FEDKRAI.  MII.ITARV  I'KNSIONS  IX  THE  UNITED  STATES 


of  their  military  service,  w  ithmit  being  able  to  furnish  legal  proof. 
In  this  state  of  the  public  feeling,  the  people  have  endured  a  great 
deal  of  obvious  extravagance  and  fraud  in  order  that  meritorious 
claimants  for  places  on  the  pension  roll  should  not  suffer  by  re- 
strictions and  safeguards  fr.nmed  to  keep  out  the  undeserving 
and  corrupt.  Hostile  public  sentiment  has  not  been  sufficient  in 
strength  to  prevent  the  growth  of  the  most  lavish  military  pension 
system  in  the  history  of  the  world.  .\t  times  its  abuses  have 
aroused  widespread  comi)laint,  but,  as  a  whole,  the  existence  of 
the  system  has  received  at  least  a  tacit  approva' 

Certain  classes  of  peoi>le  have  had  a  direct  i>ersonal  interest 
in  the  maintenance  of  the  pension  system.  From  1900  to  1905 
there  were  nearly  a  million  persons  on  the  military  ])ension  list 
of  the  United  States.  In  1900  the  population  of  the  continental 
United  States,  exclusive  of  Alaska,  was  75,994. ?75  and  the  num- 
ber of  federal  pensioners  in  the  same  territon-  was  988,919,  or 
about  one  pensioner  in  77  population.  The  pension  list  reached 
its  maximum  on  June  30,  1902,  with  999.446  names.  All  these 
I>eopIe,  with  their  families  and  relatives,  have  had  a  direct  per- 
sonal interest  in  the  perpetuation  and  expansion  of  the  pension 
system.  Cooperating  with  them  have  been  the  i>owerful  politi- 
cians and  party  leaders  who  have  desired  to  gain  the  support  of 
the  pension  interest  at  the  polls  in  order  to  advance  political  aims 
and  ambitions.  An  active  and  influential  group  of  pension  attor- 
neys at  the  seat  of  government  has  been  constantly  at  work  to 
promote  new  pension  legislation  for  the  sake  of  the  rich  return 
in  fees.  Thousands  of  men  and  women  have  been  emploved  at  a 
cost  of  three  or  four  millions  of  dollars  a  year  in  the  Pension 
Bureau  at  Washington,  in  the  various  pension  disbursing  agencies, 
and  in  the  bfiards  of  examining  surgeons  all  over  the  country. 
Their  positions  and  employment  have  depended  upon  the  main- 
tenance of  the  system.  Manufacturing  and  other  interests,  which 
desired  the  maintenance  of  a  tariff  or  revenue  system  producing 
at  times  great  treasury  surpluses,  have  looked  upon  the  pension 
system  as  a  most  satisfactory  means  of  returning  these  embar- 
rassing surpluses  to  general  circulation  among  the  people.     The 


IIXAXCIAL  I-l-FIXTS  OF  PENSION  SYSTEM 


267 


constant  intluw  oi  pension  money  has  seemed  a  hlosin.i;  to  whole 
comnuniities  and  states  which  have  in  certain  cases  received  an- 
nual amounts  vastly  larger  than  their  proportionate  contribution 
to  the  jK-nsion  exiK-nditure. 

In  1900  there  was  one  pensioner  to  S2  population  in  the  Dis- 
trict of  Columbia,  one  i)ensit)ner  to  55  in  Maine,  one  to  ih  in 
Kansas,  one  to  S7  in  Vermont,  one  to  37  in  Indiana,  and  one  to 
40  in  Ohio.  The  per  capita  distribution  of  pension  monev  in  the 
continental  Lnited  States,  exclusive  of  Alaska,  was  in  1900 
$1.81.  On  this  basis  Ohio  would  have  received  S7, 325,000  and 
Indiana  S4,55.^0(.)0.  They  actually  received  S15.iri.CKK)  and 
$10,339,000  respectively.  If  these  .states  ci>ntriliuted  to  federal 
taxation  in  proiwrtion  to  their  population,  the  operation  of  the 
pension  system  was  obviously  of  great  financial  benefit  to  them. 
The  exijenditure  of  these  millions  has  probably  created  through- 
out both  of  these  commonwealths  a  favorable  fcelin-  toward  the 
pension  system 

Of  course,  the  financial  effect  of  the  federal  i)ensinn  exi>endi- 
tures  upon  .Southern  states  has  l)een  just  the  reverse.  Maine,  Xew 
Hampshire,  and  Vemiont  had  in  1910  a  total  i)opulation  of 
1,529X)00.  These  states  received  in  that  year  pension  money 
amounting  to  S5,800,0a').  South  Carolina  with  almost  the  same 
population  received  in  federal  pensions  in  1910  $292,000.  If 
the  single  Southern  state  ccjntnhuted  eciualiy  with  the  Xew  F.ng- 
land  trio  to  the  federal  taxes,  the  Xew  Englanders  enjoved  ;m 
advantage  for  that  year  of  $5,500,000  in  the  expenditure  of  the 
federal  revenues  for  military  pensions.  Naturally  extravagance 
and  looseness  in  pension  legislation  are  not  popular  in  the  South. 
But  Southern  members  of  Congress  have  usually  l^een  glad  to 
support  pension  legislation  for  Union  soldiers  wiio  were  actnallv 
woimded  or  di.sabled  in  service.  Their  objections  have  been  di- 
rected in  the  main  at  such  service-pension  legislation  as  has  I)een 
developed  out  of  the  act  of  June  27,  1890. 


Wrm- 


2(»  FEDERAL  MILITARY  PEN'SIONS  L\  THE  UNITED  STATES 


o 


wm 


■1N.\.\U-\L  1:M  IXTS  ()!■■   ['iXSlOX  SYSTEM 


KD 


1\U  KIM    I  \'\:<  l'.\i>;  ;a   i\ 

.\l,ih:iina    $  .."/i 

Arizona    71 

Arkansas  1.15 

'-'a!if(.rnia   _'IIJ 

('.L.ra.l 1.7'> 

(  ntincitiiiit    \.i)') 

lAlawarc 121 

Histrict  of  r.iluml'ia -4.55 

!  T'Tida     '<(! 

'"•'TMia    _'l 

Mal^i    IJ9 

IlIinMJs    1  <vf, 

In.liatia    3.''<l 

li'Wa  _'.35 

Kaiisav I'.'f, 

Kcmiicky 1.84 

l.i'iii-iana    5" 

Maine  4.f>8 

Maryland     Mm 

Massicliiisctts    l.y.? 

Michigan  .'.48 

MiiincMita   1.^8 

Mis*if;sippi    42 

Missouri    2.49 

^r<intana    l.OS 

.\"c-l)raska  1.21 


;  I  i 


>i.  r 


^N-.    I'/llI 


Nevada    

.Vc'.v  I  lamiisliirc 
.\c\  kT^f\  .  .  . . 
N.  w  .SI.-n;.',  ...  . 

N'tn   Vnrk  

.Vi.rtli    (.'an.l;i;a 
X'Tth  I)ak.!., 

(  i!ii..   

<  iklah.nia   

I  lrt«.  ri     

1  V-iin-vlv:iMia  .  .  . 
K'li.idr  Mand  .. 
S"Ut'i  ''ari''i;',a  . 
Sniit'.i   l)ak.  '.a    .. 

'rtnnc--i  f 

'I'cxa^ 

rtah   


s  .s') 

,VI() 

L.i.S 

l.<i" 

1.4'> 

}k\ 

70 

.^36 

1.08 

\m 

l.'*7 

l.jy 

V) 

1.3.^ 

1.45 

?7 

51 

W-rnicnt    4.114 

\  ir.v^inia   74 

Was''inKtMn    1,(k? 

W'c^i  Nircinia  1.72 

Wisconsin   1.8,i 

W  ynmin.i,'    1.24 

I'mti-i!    States    I  cmiiinei.tal.    c.\- 
ciitdinu  .Ma^ka  i   1.7.i 


l)(.ul)tle.->s  a  orciit  inniilM.T  m'  citizviis  have  nut  felt  nnich  seiili- 
nient  either  for  or  aj,fainst  the  ])ension  <ystem.  'I'hey  have  bcjii 
iiidi liferent  to  burdens  tliat  were  iinfelt.  In  such  a  situation  the 
positive  activities  of  those  who  were  vitally  interested  liave  pre- 
vailed. If  federal  ta.xation  for  pensions  had  been  direct  and 
peisoiial.  if  the  average  head  of  a  family  had  l>een  re'juired  h>  pav 
out  eii^ht  or  ten  dollars  annually  as  a  tax  for  this  specific  purpose, 
it  is  very  doubtful  whether  the  pension  system  could  have  reached 
its  present  proi)orti(jns.  Hut  when  increased  jjcnsioii  expenditures 
apiwared  in  the  ,),uiise  of  a  distrihuticn  anKmt;  the  war  veterans 
of  imneeded  and  embarrassing  millii.ns  of  surplus  raised  by  a 
system  of  taxation  comparatively  invisible  ;ind  painless,  the  aver- 
a.i,'e  citizen  was  not  ,L,'reatly  concenied.  If  he  thou.!,dit  that  nnich 
of  the  money  went  to  tho'^e  who  did  not  need  it  or  to  the  un- 
worthy, he  iin.bably  reconciled  him-^elf  to  the  situation  bv  the 
reflection  that  the  money  mii.'lit  as  well  <,m  in  this  direction  as  for 
some  compelins,'  form  of  mtioiial  extravagance.  Thi.s  u.se  of  the 
surplus  was  on  the  whole  patriotic,  and  in  anv  case  it  seemed  use- 
less to  oppose  the  numcnms  pensioners  and  their  influential 
friends. 


270  I'KnKRAI.  MII.ITARV  I'KN.SIOXS  IN  THK  UNITKI)  STATICS 

Including  costs  of  administration,  the  United  States  has  spent 
oMT  $5._'5().tXX),(XK)  for  its  military  ix;iision  systi-m  since  !8r.?.' 
Somewhat  more  than  $200,0(X).(XX1  has  l)een  spent  diirint,'  that 
l>eri(xl  of  y.-ars  on  accoimt  of  wars  other  tlian  the  Civil  War. 
The  costs  of  administration  have  l)een  about  SU.VOOI.IXX).  Of 
the  I'ivil  War  la-nsion  expen(hture  more  than  $2.23(>.(^XX('>nO  has 
licen  paid  as  jwnsions  under  laws  which  required  no  prfx>f  that 
disability  or  death  was  due  to  causes  originating  in  the  military 
service.  This  class  of  expenditures  will  eventually  far  exceed  the 
exiK-nditures  under  the  general  law  system,  which  rerpiires  ]>roof 
that  disability  or  death  originated  in  the  ser\icc.  In  the  Inst 
twenty-five  years  general  law  i>ension  exi)en(litures  have  l)een  de- 
clining without  much  interruption  and  service-iicnsinn  cxpendi- 
tiues  have  !>een  as  constantly  increasing. 


STATISriC.M.   T.\nLES 

'ihe  most  costly  single  military  jKjnsion  law  enacted  by  this  or 
any  other  country  was  the  act  of  June  27,  1890.  As  amended  by 
the  act  of  .May  9,  1900,  and  interpreted  by  Order  Xo.  78,  the  ex- 
penditures under  the  act  of  1890  up  to  the  end  of  the  fiscal  year 
VX)7  were  as  follows: 

Year  Emunc  Ji'.ne  30 

^>^)\ ?  ^.'n)7.(,M<.77 

W-' .M.4( );,';/- i.3i 

lS<).i 68.2.S9,5.37.I« 

!«"■» .S7,<W),17.154 

18<)5 S<>A02.M5.29 

1S% SHJ97.9i-,.^.72 

1R'>7 t,\.i)Hi,. 7 M.i2 

1S<»8 (/.,_'55.670.67 

IH'" <>iJ2\AiM7 

l'HM> (>i.7(A,.()79J5 

VXn (/\97iAH\.\5 

IW.' 67.917,M2  16 

191).' (i8,798.,1M».71 

Vm 71.42.1,.',M.W. 

I'K  1.^ 7.?.797.17.r70 

l'*V) 74,010,(163.41 

I'W 73.227,105.10 

$1,058,152,294.02 

'  During  tlic  fiscal  yoars   1,'*'/)  tn  !9I7  inclusive.     Report   of  Ihc  CommU- 
sioiicr  of  I'cusii'iu  for   1917,  29-30. 


STATisTrrxr.  tarlf.s 


271 


Altlioiij^'h  the  acts  ..t  l-VI)riiary  6,  1<)07,  an.l  April  '>.  l').)S,  t,, 
a  lartje  extent  siif.^rseded  the  act  -f  June  27,  1800.  important  ex- 
penriittires  continued  to  l)e  made  nn.ler  the  act  of  1800  for  manv 
years.  My  the  fiscal  year  1013  .,uch  expenditures  had  decreased  to 
about  a  mdlion  dollars. 

The  decline  of  the  .ijeneral  law  pensi,Mi  system  and  the  -rowth 
oi  the  system  under  the  act  of  ISOO  is  shown  l.v  the  f.>ll.,win- 
table  of  the  relative  numbers  of  peiisi,>ners  under  tiie  act  of  \mi 
ami  the  general  law  I)etween  1801  and  l'X)7: 

Xl  M,;.K   OK   CU„.    W.^R    I'K.N.IONKKS    LxHKR    THK    .\,  T   OP    1«9()  A.Sn    l-.SOER    THE 

Oe.nekal  Law  from  ]H')\  td  l'>»7i 


I'iscal  Year 
Kndinf? 
Jiitu-  30 


IKV4 

\m) 

1H'»7 
1H')« 

VHlt) 

vm 

100.? 
1<»<>4 


4I''.il4(, 
,i'M.7<)4 
,!fo,44(t 

i  .1f)J..'74 
.!.V.2i,> 
M<).(,24 
.141,(187 

:    2^>7.tt7S 

2'.8.JX| 
•-'40.78.^ 

-'0,\.?75 
178,816 


(jt'iier.il  l.;nv 

1     Wi'Iiiws      T..!.t1 


Act  of  1801) 


lll.U'8 
lll.J,SH 
1  If  UJJ 
lo.=:.48,^ 

l()_',C)(vi 

')<'.5.'() 
Of,,'/),? 
''4.8,v 
9-'.')*)I 
0(),7.><« 
88.811 
ff'.M/ 
80,0<).' 
•8.^.174 
84,48.' 
84.776 
SZ.W5 


.=  !iM74 
.=ii>'i."74 
47,\')(iJ 
4'i7.7.^0 
4.=;o,88() 
440.144 
4.!8,()80 
4J').77() 
414.4.V, 
4(11  „10() 
.!*),486 

.'ri,<i4i 

.li7,.'7.? 
*.^-''>.l,^0 

-'Oii.I.M 

-'01, .'11 


liualid- 

loi.ll.' 
.'"Ai,(>i8 
377,.'02 
,<7,\(>84 

.'78.11.=; 

.)8.?,81,s 
.'0.>,44i» 
41,100') 
431,012 
430.6.S7 
4.?S,114 
442,141 
44.i.721 
4.SO.007 
4().',224 
4^>  1.078 
.>40,28,? 


\Vicl..w. 

I.\(i4.^ 
47.'. 1,1 
81,o.i2 
'n.2u\ 
!o*i80() 

Il!7,II),l 

Il<.,3.;v 
1 1=;,7.'0 
l.^|).J'.(. 
l.\\"2'. 
14.S.111 
I.r\17S 
102.241 
l'K>*,.^80 
17(i.l2,i 
170.1,78 
1S4.8(,,1 


T.,iai 

114.7  =  - 
,?40.(.,si 
4,-0,1.=:.; 
4(>o„i44 
478.01,; 
4')0,O21 
.=08,7"» 
.;,'0,(,,58 
.rM,l7.^ 

.■85.22.; 
,=')7..?10 

'i'i,;,'i')2 

''18  5'>) 
'i41.,;40 
'>40,7.=i') 
.■i4.146 


Ci.il   War   pLiiMi 
under  tlic  general 


II.-    .vear   the   regular   estaMi-hment    was 
ner-   uiuKt   iIk-   general    law.      War   with 
law  are  separately  reported  on  paye   145 


incltiiied    v,hh    tin- 
Spam    pensioner- 


I  he  turtlicr  d.:crea>e  of  jreneral  law  i)eusioncrs  fn;m  100"  to 
lOlO  uiclusuc.  and  the  eticcts  of  the  act.  of  February  0    l'*ur 
Apnl  0,  lyu8.  and  May  II.  i'-lj,  ,„  ,uix;r.eding  the  act  o'i  ISM 
are  .■,huun  ui  ilie  followmii  table: 


■  GmipileH  from  the  annual  rep  'rts  nf  the  Cn 


mmissjoner  of  Pen- 


J7_'  rKDl'.K.M.  MII.IT.\K\  I'l: NSIONS  l\  TIIK  I'MTI-I)  ST ATKS 

Nl    MItKk  CK  ClWl.    VVaR    rKN>ll)Nf.kS  ON    T  M  ■■:    Roll-    IMiKk    niK    (;KNtKM     I.\U,    AlT  OP    IW^O, 

\(  r  .•!    I'HiRrARv  'I.  ]W7.  AlT  iif   Armi. ''.  l'"'S.  \\i.    \i  i  .1    M  w    11,  I'MJ     I'K'im   l''"? 
Tl.  l''17.i 


1  l-nl 

( 

llUT.ll     I.IW 

1 

\cl  .,(  l-« 

All  ..r 

An  of 

\rl  ..( 

N  c.tr 

I'*'" 

I'N'S 

r '  1 .' 

I'n.lmg 

\\.ci..»-.  ^ 

Mm..r-. 
lie. 

June  -1 

Irv.ih.l. 

an.!  Dp 
I'Ctlitrlili 

T..t,l 

liit.ili.i-. 

T„l.,l 

Siirwv.rix 

Wl.l.mv 

Siirvivi  Ts 

V*)? 

17H,K1(, 

K.'.,i"5 

.'''l..'ll 

.U'l.JK,' 

•lH4.K<..i 

5.M.1*) 

llo.ii" 

I'xis 

14J.(M4 

>SI  .i'>5 

22.\-i.Vi 

I4(I.MI(I 

4.i4V 

144,«4i> 

.i.W,.Ml 

lKH,44.i 

VXfl 

l.'l.IKo 

7S.l.iK 

J(W..1l.i 

1(14.5KI 

4..i.!.i 

I(>K.'»I4 

.v^H.,ti.=; 

.'I1.7H1 

I''10 

l.'l.?Hl 

74.(..'5 

l'*...'Ori 

7H.(tl\\ 

4,.!44 

W.'M.S 

.<()^.4.?.f 

.'-' !..'(.»' 

I'Jll 

ll.VIX.,! 

/ii.'Mii 

lRi.''7.i 

r<>.'l'i] 

4,.i5H 

M,.W 

.1.V.,K.M» 

2>i<,(M 

I'M.' 

KM.'.l- 

Mi.'M7 

170.1H4 

47.J(I1 

4.47') 

.=il.(i«<) 

.l.f.i..^7'» 

2.L'.'M7 

I.!..'4^ 

l''I,i 

(.INUI 

ii.'.M'> 

1i4..11<) 

5.J74 

4._'S() 

'>..S.i4 

1(..-'4I 

2.V.X*A 

.17'<.(M 

l')l-) 

5ii.,M7 

5«,S<.« 

KW.JIS 

.'.i.'5 

4.0'M 

(i..M(. 

7  l.=iS 

2,i.S..^.'4 

.t(]').(i.'4 

\'>\:- 

4.v.i,!(i 

Sdt'.tl 

1()1.,?5(. 

1.(1X1 

.f.S.M 

4.<;.?.i 

2.H72 

2,l\l)«7 

.U7.(IH1 

vnt, 

.?'(.5v,i 

5J..' 17 

'*1,K1() 

(^i 

,1,7.'.=; 

4.40<. 

1.7.'7 

2.?,';..rV, 

.i2il.27(. 

m? 

,((..!  17(1 

4'Ml,iV 

KM  15 

5,17 

.VI. '5 

.l.fKli 

1,.WS 

t2.!(.,72S 

."^l.-'f.X 

*lni  links  willow-,  later  li>tiil  siparatelj   under  the  act  of  iy<>8. 

T  ltu-liiilr>i  additiniis  to  llic  widows'  rolls  imhIit  llie  act  of  .Se|itiiiilicr  S,  1<JI(>. 

The  I'ollDwin;,'  table  exhibits  by  years  the  (hsbiirscinents  for 
pen-ii.iN  ami  iiiaititenance  of  pension  system.  l<Sf)0  to  V)\7 :' 

'  C'  nipilf.l  from  llic  animal  reports  of  llie  Coniissioner  of  Pensions. 


.■./A>ri> 


■r\ri>rK  \i. 


M.I.HS 


273 


iscal  Vcar 


.  ....1 
as  I'liiMi 


]^'''    sl5.4_-ii..MM.M 

"•'■'     .'(I,/"M,>V(,'> 

•''■^     .'.*.litl  5(W..i(, 

'W'    -'K.M.!..'47.J7 

"*'•'    -'•',.;5i,4M^;;,si 

1X71    J.'<.51>'.7'»J  ()J 

Jfji-'    «'75.'!74<7«I 

^>^(/      .''•.•'^.'.IH  ,,!.><<) 

lf'74    M<  JiH'  77)-  i/ii 

■"'a    -"/..'7( '.4(4,71. 

1^"''    J7.''M:JIH~:, 

"^77    .'K.1K.'>:JI.7_' 

l**"**    2f..7S>,.(i()'/,44 

1*^7'*    .;,i/<4^j,.<  1/.' 

lt">>(l        .-t'.lrV<<._'.V.IlH 

IfWl     5«i.5s.i.4ii^  .'i 

1W<_'    54JI.vl7.'.(l5 

1."^^!    '.(U.'7  57;.Hi 

l'"^    .=7,''l.'..i,v7.47 

1*^'5    (•5.;71.'',  7.1J 

"*''    M.^f.l.UJm 

'K^7     7A75.VKr.i)K 

l''^^"^    7>i.'(.=i  1.5(11. (i7 

IN**''    K«  S4J.7.'(»  5S 

IKM)        l(K;lK<,^,<.Sll    5<, 

1>"'1     117..;i.'.t,i)(i.5o 

1><''-    I.^<'..^"4,!47.11 

It*''.'    15(..'«»..(m7.'M 

18'»4     l."'.''.Hii.7.'(.  17 

18'^5    1.>''.K1>.2<>4..«) 

1«%    l,?8._'.'(i.7(M.4/> 

I8')7    l.?'V'4".717.i.i 

18W    144.fol,S7".K() 

1(«W    l.W„i.v=;i'=;'i*i 

l"**'    l,'H4(,.M.i(l.(,5 

I'^ll     l.;s..=,il.4K.l.M 

!''•-    I  l.<7.5(t4..''i7.'W 

]'">.'•     *  I.i7.7.=''.(.5,v71 

!'"'-<     MLii-.,;  .=  71  4<» 

1"<'5    14I.14j.K',1.,U 

Vn-,      l.i".(MV.>SyJi 

l'»i7     l.^S.I.-,=.41.'.4(, 

I'JiW    15.5(1".?  I i,v>    '7 

I'll''     I(.l.<t7.v7t';.77 

'■'111    15'";74  i'r.ti^i 

i''ii    i:-7..'2:\'i:ii.:- 

V'\Z     l.=2."f<'..4,;^7_' 

!''l,^    174.171, '-.'lyd 

;'M4     !7J.4I7,5J';  J'i 

1'J!.=     It  .-,.:;!!-■  .'■  t,.l4 

l''lf.     l.'<i,l.=,=.("-''/<i2 

i''17    I('ii.8''5ii5.;  '14 

T..i;il SJ.Ilo.liNi.^ifwl  :  SI, 

■  If;::  tht-  A".  ;■   r:  .f  :;-.{■  C,'lni,li.<j.'' 


C'nsl,  Aidlfltc- 

naiiL't-,  ;tiu! 
l-xpt-nsis 

>4i'r.i'..=;  (Ki 

4'/('.V77..  .=. 
55.'.!  i.ft  >4 

'  <  ii.'  ''7  Ni 
.■•'.■.'  7''.(K) 

'■.^1  -'5.>.IK( 

l.Mi.\_'ii<i(4 
'*<' 7/4,1,; 

''.^-','•'',-,.1.^ 

i.('i5.(ir,^,M 

l.iM4.4.=V,.vi 

l.ii.'.'..^("'.(l'; 

.^.•7,7.M,14 

''.v=.|  J7,-'f 

l."7.'.( '.=').(  4 

I.4<A..'.V,.(»1 

.'.^''l.(4.S..'<y 

.^^.;.^1M1.(K) 

,\.''/-'..=  7(i..U 

.r.M.i.iiKi.i.l 

.'.75.\4<Hl.'a 

.\5 1 5.1157.  J7 

,i,4'.i.><«»v..;<) 

.5.5J(,..W.M.i 

4.7(Ki.f.,!(j,44 

4.HW.|,,,5.><() 

4,S(,7.7.U  4.' 

.l'Ak'.''7f.   -l 

4,.VW.(L'<i.-'l  - 

.'.'»''1..575t)l 

.l"X7.7K,Vn7 

4.114.(»i;1.4f, 

4.147.517.7.5 

.!.W1.7(Wv74 

.5.f^»'5.7v5.44 

.5.'",5..Mii.7'' 

,i.W<>..!(.<,  J^ 

.v721.S.5J.W 

.5. 5 J,5. _'(.'/ 51 

.5..5('"'.Ilii.44 

-'.S(»l."(..?..5(, 

.'.S5.'..=;K5  7,5 

J,'.,".;,7.5,8(. 

-',517.L'7,(K. 

-'.44.><.S57.51 

-'..■4.5,J4  ...^') 

-M  "'I.,.- '7,1 5 

1.77'».'^'i:.5(i 

I,'.''  7JJ,.5.! 

I,5fO,854.0(. 


•|.  lal 


-15.>>.v.7l4KK 
-M,.;,v7(i7,04 
J.i.i  54,5.'';.70 
-",•  77,774  (i« 
-".'''J,4f'/,,M 
-"'..5SI.,H7|,(L.' 
.ill  7(H,'>i("),Hl 
-■7.vs5,.>(4..SJ 
.1 1. 17.5. 57.5.  IJ 

.'l'..'i.i.l(H)  11 
>.'i51,JSH„54 
J..';7,.'Sl,(l5 
-'7.«lJ<..i(N,S,i 

57.t.J4.J.v,,.5(, 
51.(i55,4'4,'<'; 
55  77''.*iK,(Xi 
(i,5.(ll'*..'.'.M(l 
(.<'.747..5(.,><47 
^^!..v►4.51.^,4fl 

()7.,i.'(..l.ii>,51 

S.'.4*.5.55H<M 
'i-'..5(i*».(iKf(  i;s 
lii"'.(i.'(U'.52.5_' 
12i.(11.5..5J(i.';4 
144..'').>.,S12.91 
lM.774.,57.'.,5f, 
14.5.'*.5(l,70J4>i 
144.1.=i(U14.51 
142..'1J.()8(M17 
14.5.<M7.5(X).42 
14>',7ti5.''71.J() 
14.'.,=(i_'.57(Ui« 
14.'.,5().5.W<7.,59 
14.',4(Kl.27','..>f< 
1 41., 5,15.(4/)  >>5 
141.7.5J,87(».50 
144.i>4J,<».57.74 
144,S(h4(,'»4.15 
14.'.5i.l. 557.76 
!41.4(4..=.'_'.m 
1.=5.N'4.(I4'J.(>.5 

1  ('-'.'. .^!.7J'J.<M 
l.^''S4.>,J,S7.41 
155  4.55..'"l,lj,5 
17o.714.'«7„5i) 
174  4<4.i '.5.5.41 

I'.7.'.':.1J-,,14 
Ml"!;  SL>,J5 
l')-'.457."()8.<i() 


.Niiiiilur 
(.1  I'tii- 


l-'i'.7JJ 

155.474 

lu'>Mi 

lH7,'Xv! 

l'*.f)W) 

3i7,4'6 

.'.*.'  >M 

.'.58.41 1 

-',''i.-'41 

^'4.«J1 

J.5.M,!7 

J.i.'.KM 

.'J.5.'^W 

J4_',755 

J5(I.K(IJ 

.'(>;■'.. \5(  I 

Jf<5,',';7 

,5((.5.i..5« 

.5.>J,7,=;(, 

,54-    .'5 

.5(1       \) 

41'     <)7 

4  ,  557 

4,-i'-.725 

5,57.'>44 

<'7i,.U*) 

«7(i,0(.« 

'"^..Oli 

''<i'>,.=544 

''7(t.5J4 

y7().(.78 

97(1.(114 

W.5.714 

9''!,5lg 

'''',5.,529 

'/'7,7,55 

y"»'i,.S45 
•'''4,7(0 
'/ .8,441 
•'85,971 
'".7„571 
''51.(i87 
'Md.l'H 
VJ1.(W,5 
K')2(;^)H 
S'.',(I..'<M 
Kjll.-'IHI 
7.-<5._'.5') 
74N.:47 
7(1' .'.572 
.'i7,5,lll 


■.91(V,i8   S5,25_'.ni8,.'47.09 


■;  ' 


l"l7.  paj;c-  _"(  ,5.1 


-^■^J't'. 


J74   l-i;ni'  l<  M,  Mil  IT  SU\  I'KNMON.s  IN  THK  fMI  ID  sT  \H< 

I'lic  fi)II(>\\in.;  i.ihic  ^li.iu^  the  Iciial  ainoiiiit  paid  !  i  the  i>tMi- 
>i(iiR'rs  of  till-  \.iriiiii>  \\ar>  in  wliidi  the  I'liited  States  lias  U'eii 
enira^je'l,  !"'»<>  |..  l'»17,  ineliiNive.'  It  exliihits  in  a  ^trikim,'  iiuui- 
iter  ilie  sa>t  iiiijioriaiRi  <it  (ivil  War  iK'Hsidii  cxpeiiditiires  as 
cnnii)are<l  with  the  (li-lnir-eiiteiit^  on  account  of  the  lesser  wars: 

War  ot  the  Revolution   $7().(XX),0'X).(X) 

War  of  IMIJ   4(>.nlo.4l57() 

Indian  Wars       1 4._'n4,_'« V,  5 1 

War  with  Mexico   51,_Vk4._'84.()1 

C'ivil  War 4.'M7,_'4.=;..=;'>'».4'> 

War  with  Spain  and  T'lilippine  Insurrection  57.3i8,347.4'i 

Re^'ular  Mstahlishinent    42,7fJ4,35'l73 

Unclassified    16.508,447,41 

Total   $5,215.523.78().')4 

'  From  Report  of  thf  Comm\ss\oner  of  ['cnsions  for  1017,  p,  J*). 


CHAPTER  IV 
Special  Pension  Legislation 

Tlic  fc)ref,'oiiif,'  i'lia|>t'-Ts  have  >liM\vn  tliu  ^'^^''t  lihcrality  n\  the 
priivisiirtis  made  by  i;eiRT,il  iK-iisi(»n  los^islatiMn  for  the  ><(l(liers 
of  the  Civil  War  and  their  <lei)en(ieiit  relative^.  These  lit)eral 
provisions  have  l)ecn  siipplemeiiteil  by  a  larj,'e  amount  of  private 
[wnsion  lejjislatinn.  liefore  the  Civil  War  few  private  [lension 
acts  were  passed.  Trior  to  the  end  ..f  the  47th  Congress  in  18S,?, 
the  j,'reatest  niim!)er  of  such  acts  passed  by  any  one  Conj^re-^s  was 
273  by  the  40th  Conjjress  i  18r)7-18C»')).  Hcjonninj,'  with  the 
48th  Confjress  there  was  a  marked  increase  in  such  le!,dslation, 
and  a  niaxinnnn  was  reached  when  the  61st  Con>jress  (  l^nO- 
1911  )  fjrantcd  9/)4')  jK'nsions  by  si)ecial  act.  That  was  at  the 
avera^'c  rate  of  20  for  each  one  of  the  483  inem!)ers  of  the  two 
Houses.  The  high  record  of  9,649  special  grants  made  by  the 
61st  Congress  may  l)e  compared  with  a  total  of  8,182  pensions 
granted  by  special  act  by  all  the  Congresses  in  the  period  of  fortv 
years  frotn  March  4,  1861.  to  March  4,  1901. 

Many  of  the  private  acts  have  been  parsed  to  allow  claims 
which  the  pension  committees  of  the  two  Houses  considered  to  be 
meritorious,  but  which  did  not  come  technically  within  the  pro 
visions  of  the  general  law.  Such  acts,  however,  have  often 
placed  on  the  [tension  roll  claimants  whi>se  applications  had  al- 
ready been  investigated  by  the  Pension  Bureau  and  had  been 
found  to  be  absolutely  without  merit.  In  recent  vears  the  great 
majority  of  pensions  granted  by  special  act  are  in  the  nature  of 
increases  to  rates  in  excess  of  the  amounts  provided  for  in  the 
general  laws.'  In  such  cases  the  claim  is  usually  made  that  the 
circumstances  of  the  particular  applicant  justify  a  rate  higher 


'The  6.^(1  O'tittrc's  Krantcil  4.167  pension<  by  special  act  in  tlio  ii-cnl  year 
1'>14-1S.  Of  these,  918  were  Rrantoil  to  persons  not  in  receipt  of  a  pension 
and  .1.249  to  iicrson*  theti  receiviiifj  sinalK-r  penMons.  The  annual  value  of 
tlicso  special  act  pensions  wdi<  $1.257.iX)6.  and  the  annual  increase  due  to  the 
same  was  $552,507.     Rt-fort  of  the  i\>»umssioner  of  l\-nsi,<ns  for  1915,  31. 


276  FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

than  that  normally  i>aid.  But  it  is  fairly  obvious  that  such  in- 
creases are  due  more  to  the  favor  of  members  of  Congress  than 
to  any  just  and  careful  comparison  of  the  merits  and  necessities 
of  the  applicants  with  those  of  other  pensioners  receiving  the 
same  allowance.  The  passage  of  a  certain  numljer  of  private 
pension  acts  has  become  practically  a  {perquisite  of  Senat(.rs  and 
Representatives  to  he  used  according  to  the  dictates  of  intUiencc, 
acquaintance,  .ir  political  exiiediency.  The  princii>al  legislative 
activity  of  some  members  is  in  -securing  the  passage  of  private 
]>cnsion  bills.' 

Applications  for  pensions  by  sjwcial  act  are  referred  to  the  pen- 
sion committees  of  the  two  Houses.     In  some  Congresses  rules 
have  l)eeu  enforced  by  the  committees  under  wh.cb  claims  bavo 
received  reasonable  consideration  and  investigation.     .\t  other 
times  the  practice  has  been  very  lax.    In  1888.  when  the  mnnber 
of  such  bills  l>efore  Congress  was  nnich  smaller  than  in  recent 
years.  Senator  Mcl'herson  of  New  Jersey  >ai(l      {  Uic  mctluKls 
of  the  Senate  I'ension  Committee:   '-The  bills  are  introduced  in 
great  numbers  (I  myself  have  introduced  200),  and  they  are  then 
referred  to  the  Tension  Committee.    This  c<.mmittee  divides  the 
bills  efjually  among  its  memlx-rs.  and  each  one  is  supjio.^ed  to 
exainine  a  certain  numl^er  of  bills.     Instead  of  giving  each  bill  a 
careful  investigation.  I  know,  as  a  matter  (if  fact,  that  in  many 
cases  the  Senators  have  merely  turned  over  the  batch  to  their 
secretaries,  and   have  instructed   the-^e  clerks  to  look   into  the 
niatter."- 

When  many  thousands  ,.f  applications  for  si)ecial  f)ensions  are 
before  Congress  thorough  investigation  by  a  congressional  com- 
mittee or  its  employes  is  ol,vi,,usly  out  of  the  question.     When 


'Akin  to  fpecial  iicnFir.Ti  law.-  arc  .i  grtat  number  of  nets  to  correct  the 
.n.htarv  rccor.i  ot  ex-.„l,i,crs  ,.vl„,  h.-ivv  aiiplinl  for  pensions.  Tl,c  Kcnen, 
K„.:,,n  a«>  niakc  linnoral,!.  .l:sohar,.c  a  roin.sit..  for  a  ,.cns...n.  .Xpplican;. 
r.-oT-kd  as  .!c-,  rt.Ts  ,n  Uic  army  rec  r<ls  are  barred.  When  a  ch.im  is  ma.le 
th.a  the  rer-T,l  .,  u Ton^  or  that  the-e  .vere  e.Ntenuatin>:  circumstances  it  ,s 
■/;;'"',"■"    ''•■","^'''    '"    i'-'--"    !'-^-"'-    ■••■'^    re'tiovmn    the    charge   of    desertion 


=  .v,-:t  ;-, 


rk-  T:iu,-s.  .Xowmber  (,  188.^:,  p.  .'.  col.  5. 


SPECIAL  PEXSIOX  LEGISLATION'  277 

tlie   I't-nsion  Unreal:  has  Seen  called  upon,  it  has  usually  been 
al.k-  to  furnish  certain  ct  the  essential  facts.'     It  has  Ix-en  tlie 
nistun,  oi  hoth  Houses  of  Congress  to  set  aside  portions  of  cer- 
tani  days  lor  the  consideration  of  pensior.  hills.     In  the  -reat 
niaj,.nty  of  cases  the  private  pension  hills  receive  no  considera- 
tion other  than  that  -iven  by  the  committee.    On  "pension  dav" 
there  ,s  commonly  no  .ju.    .,m  present.     In  the  presence  of  a  few 
memlK-rs.  it  has  hc^„  a  .i^a^neral  practice  to  take  up  the  pension 
b.lls  reix.rted  by  the  committee  and  put  them  through  the  fonn 
of  passage  in  a  perfunctory  manner  and  with  remarkable  s,)eed 
In  some  Congressc-s  they  have  been  passe.l  at  the  rate  of  two  or 
three  a  mmute.=    X'ery  few  members  take  the  trouble  to  vote  .m 
such  occasions  or  gn  e  any  attenti.^n  to  the  pnxedurc.  which  is  bv 
general  c,  -nsent.    Occasionally  some  dis.guested  Southern  member 
or  some  memln^r  who  has  a  grievance,  stops  the  process  tem- 
I'nranly  by  insisting  on  the  presence  of  a  <iur)rum.     Instead  of 
passing  a  sei^arate  law  granting  each  pension.  Gmgress  has  in 
recent  years  followed  the  practice  of  inchuiing  manv  grants  of 
siR-cial  pensions  as  items  in  a  sort  of  omnibus  bill,   'under  this 
practice,  if  the  President  were  disposed  to  veto  some  objection- 
aWe  =,raiits  he  could  mt  do  so  without  at  the  same  time  causm-^ 
the  failure  of  all  the  other  nencio,,  provisions  in  the  bill 

Fbnvever.  Presi.lents  have  I,cen  snaring  in  the  use  of  the  veto 
a-amst  pruale  ,H.nsi.,n  bills.  President  Grant  vet,^d  five  meas- 
nros  of  tins  sort.  The  increasing-  number  of  special  pension  act. 
a.id  the  carelessness  with  which  they  were  passed  caused  Presi- 
dent leve'atul  to  interpose  the  executive  power  agai.,st  a  ^row- 
ing abuse.     Instead  of  signing  s,u-h  private  bills  perfuncr.ri!-  , 

-  t-or  instanco.  on   tiilv  2S.  1S8^   f,..  c.-m,,.  „  ,   •  .,l  nn 
i.i  50  V.VUW..  an  av.rau.  of  o-  /;.,:=     .^  ^.I  ■     t  Iv -^'r    '  'r'"""   ^f' 


278  FKDKKAI.  Mil.lTARV  I'KNSIONS  IN  THK  UXITl-.D  SIATHS 


he  had  them  invotis^ated  and  vetoed  tyrants  that  he  thouii;ht 
witliout  merit.  In  his  first  term  the  nnmber  of  special  pension 
act>  that  l>ecanie  law  was  1.S71.  M.iny  of  these  were  pennitted 
to  lx'et)me  law  without  the  I'rer-ident's  sijjnatnre.  Durinj^  the 
'ame  four  years  Mr.  Cleveland  vetoed  228  such  measures.  In  175 
case^  the  hills  were  \  etoed  on  the  ijround  that  the  injuries  allej^ed 
were  not  received  "in  military  service  and  in  the  line  of  duty." 
In  another  class  of  cases,  because  of  a  fault  in  the  hill  or  l)ecause 
of  the  operation  of  some  j,'eneral  law,  the  President  thought  that 
the  special  acts  would  have  been  of  no  benefit  to  the  claimants. 
Other  vetoes  were  on  the  j;;round  that  pr(>posed  increases  were 
not  warranted,  that  dependency  allejjed  was  not  established,  that 
the  ap])licants  were  deserters,  and  that  the  ai)plicants  were  un- 
worthy for  miscellaneous  reasons.' 

President  Cleveland  was  the  obiect  of  bitter  jx^litical  attacks 
liecause  of  his  vetoes  of  the  Depiendent  Pension  P.ill,  as  described 
in  a  previous  chapter,  and  of  the  lar}.(e  number  of  private  pension 
bills.  The  sarcastic  lan,y;ua.i:;e  of  «ome  of  the  vett)  messages  was 
seized  upon  to  stir  u\y  feeliiij;  a,;,'ainst  the  President  amonij  the 
ex-soldiers.-  In  Contjress  the  vetoes  were  sharply  criticized  both 
on  the  ijround  that  the  ("resident  had  unjustly  concludetl  that  the 
cases  were  not  meritorious,  and  on  the  jiround  that  it  wa-^  im- 
proper to  use  the  veto  power  aj^'ainst  acts  of  Contjress  in  ques- 
tions involving  matters  of  fact.  The  President  depended  for  his 
information  on  the  Pension  Oflice,  jnd  a  Senate  committee,  re- 
porting in  ISR.'i,  found  that  with  rare  exceptinns  the  vetoes  were 


'  I"ur  ;in  .iiialysis  <il   rroiilcm  CUviliiiid's  pinsmn  vitc.i.-^    -ii>  F    C    M.tmh' 
Tit,    l'ct,<  1','ivcr.  nr-'Ai. 

-  Mr.  Cleveland's  iiolitioal  opponents  macic  the  pension  vetoes  a  prominent 
is>iif  in  the  caniiiaiKn  of  18iS,S.  They  were  denounced  in  liolh  the  Kepnlilican 
platform  and  in  ilie  campaign  tcxthook.  The  Witional  Trilnnu-,  l\w  mo-t 
widely  circnlated  orcan  of  tl'.e  pensi.iners  and  claimants,  made  repeated  at- 
tack- on  the  I'resident.  For  in-tancr,  on  Seplimlier  27,  18W.  it  -aid;  "An 
niiprcredented  mmilier  of  the-e  [private  pension  act«|  have  been  iireseiueil  to 
Mr.  Cleveland  for  his  signature  and  he  has  ffinnd  in  them  a  InnnidU-s  lu  Id 
for  ridicule,  clieai>  wit,  sarcasm,  satire,  and  vituperation  of  the  unforinnates 
who  were  vo  indiscreet  as  to  go  into  the  army  and  lose  their  health  o.i  live-, 
•  .  ■  / 'le  I'rcsidi'nt  has  hccn  nmu'i'ui  himself  for  years  -.critinn  z'rtoes. 
The  '.eleriins  nnzi-  hiire  a  chance  to  use  their  houis  at  xrloing.  Let  them 
inifr'.':e  the  vpfortumty." 


SPECIAL   I'EXSIDN'    I.FGISLATION  27'l 

we'l  founded.'  The  contention  that  the  use  nf  tlie  vet.,  was  itn- 
proi>er  in  (|uestions  of  expediency  or  fact  did  not  make  },'reat 
headway  in  the  face  of  the  jrra.hial  hroadenin.t;  of  the  iK.vver  ^iiice 
Its  incorporation  in  the  Constitution. 

The  detemiined  stand  of  .\[r.  Cleveland  aj,'ainst  the  abuse  of 
siK-cial  })ension  Iej,dslation  had  the  effect  of  I>rint,nn,£r  to  the  at- 
tention of  the  country  the  recklessness  of  Congress  in  such  mat- 
ters and  of  securin,£j  for  a  time  at  least  the  more  careful  inve<ti- 
CMtion  of  private  pension  claims  in  the  congressional  conimiiiccs 
Thoui^h   the   K'ei.uhlican   51st   Con-ress— the  first   ,,f    l-re^Mcnt 
Harrison's  administrati.,n-passed    1.388  private  i>tu^\.m   acts 
the  party  was  committed  to  liberality  in  this  direction  l.v  reason 
of  ,ts  criticism  of  Mr.  CMeveland's  record.     In  ,he  .secon.i  half  of 
the  Harrison  administration  the  House  of  Representatives  was 
overwhelmingly  Democratic,  and  only  217  special  pensi.,n  acts 
were  passed.     In  the   four  years  of  Cleveland's  second  admin- 
istration 497  private  i^nsion  bilN  Ix-came  law.     Mr  Cleveland's 
successors  in  the   Presidency  have  not  emulated  his   record   of 
opposition  to  private  pensi.^n  bills.     In  the  McKinlev  and  K"or,se- 
velt  administrations  the  number  of  such  measures  increased  very 
largely,  and  in  Mr.  Taft's  administration  13/W  i)en^ions  were 
^"■ranted  by  special  act. 

Congress  is  obviously  not  a  suitable  place  for  the  in\esti.tration 
and  just  settlement  of  private  ]K,i-u,n  claim..  The  pressure  of 
.ireneral  business  is  too  .,rreat.  There  i>  little  time  fr,r  the  detailed 
d.scus.sion  of  such  matters  on  the  fl.K^r  of  either  [(.,use,  and  the 
recommendation  of  the  i-ension  committees  must  usually  Ik  f<,l- 
lowed  without  question  if  business  is  to  be  done.  Thea-' commit- 
tees can  -ive  no  prop<-r  crmsideration  t.,  the  thousand^  ,,f  dai-rs 
presented.  The  passa-e  of  a  certain  numk-r  of  ,>ension  claim, 
upon  plausible  representations  becmes  practicallv  a  form  of  c..„ 
.trressional  patronage.  Some  members  are  as.i.inotis  in  seekin'^ 
pensions  for  constituents  to  the  exclusion  of  activities  of  a  more 
public  nature.     It  wr,uld  k  an  impro^•ement  upon  uresent  meth.  d- 


'  Sciiaic  Kcfrrt  \o.  1«.7,  50:!i  Ccng.,  1st  Se-s. 


280  FKDr-.KAl.  MIl.ITAFn-  PENSIONS  IN  THK  UNITI-D  STATKS 

if  Congress  slioiild  pass  special  pt-nsion  bills  only  upon  tlie  reconi- 
niendatian  of  tlie  Pension  Hureaii.  Tlie  j^eneral  i)ension  laws 
are  lil>eral,  and  the  number  of  meritorious  claims  not  within  their 
scope  iinist  1)0  very  limited.  The  ot,  ■:.  o'  the  Pension  Bureau 
have  better  facilities  to  learn  the  facts,  a.id  form  a  just  opinion 
in  exceptional  ci^es.  than  Conj,ness.  and  the  history  of  the  Bureau 
will  not  convict  it  of  bias  against  claimants.  I'nder  the  present 
system,  there  is  unfair  discrimination  ajjainst  the  i^nsioners  under 
the  public  laws  by  reason  of  the  great  numi)er  of  increases  se- 
cured by  private  hills  for  those  who  are  able  to  <,'ain  the  favor  and 
aid  of  Senators  and  Representatives. 

The  following;  is  a  statement  of  the  numl)er  of  jiensions  and 
increases  of  pensions  j^ranted  by  special  acts  durinjT  each  Con- 
gress since  March  4,  1861  :• 

Tliirty-scvonth    (I.S()1-IS(')3)  . . .         12      Fifiy-second  n8'>1-l8C»3)  217 

T  iirty-eiKlith  (I8<.,1-1,%5) 27      Fiftj-third    ( 18Q.i-I89.S> . .    .'    '  l].; 

Tliirty-imith    (186.^1S67l l.'S      Fifty-fourth    (  I89.i-1897)  ^7,s 

■  •j.rticil.  0867-186<)> 275      Fift^-iUth    (1897-1899).. .'.  .^ '  '(m 

'    rty-lirst   ( 186<X-l«7r) 85      FiftV-sixth   (1899-l';(n) 1  ,W1 

Fifty-seventh    (19i)l-I<X).?) 2171 

FMftv-uxhth   (19a?-l'X>5l...  ,n^  = 

Fifty-ninth     ( 1905-1907 ^ 6!o3i) 

Sixtieth    (1907-1909) 6 60) 

Sixtv-first    (1909-1911) 9f4') 

Sixtv-^ocond    (1911-191.^)..    .  6?;,) 

Sixty-third   ( 1913-1915 ) 5061 

Sixty-fourth     (1915-1917) 5.88=; 


Forty-s^Tcind    (1871-187,i) 167 

Forty-tliinl    ( lH7,i-IS75  i 1S2 

Forty-fourth    (187,1-1877) 98 

F.>rtv-tifth    (1877-1K79) 230 

I'ortv-sixth    (  1879- '881  ).. .  % 

Fnrlv-i-vent'i    ,  l.'^Sl -188,? ) . . . .  216 

Fortv-oii;litli    (1^.83-1885) ,=;<;8 

F.>rtv-tniitli     (  1V,^.^.1S«7) r;,; 

I'itti.'t!]    (  1.8,87- !«'<')  1    loi; 

Fiftv-ilr^t   (1SS9-IS')1) 138S 


Total 53,JS3 


There  were  in  1017  21,474  [wrsons  on  the  pension  roll  whose 
pensions  or  increases  had  Iieen  .crranted  by  special  act  of  Con- 
.irre-^.  The  annua!  value  of  such  fiensions  was  $f\722.9m.  Onlv 
.-'  '>a-t  of  this  annual  e\|x'nditure  can  lie  attributed  to  special  le^is- 
'  ',  for  the  reason  that  most  of  the  l>eneficiarie>  had  been 
I>i.Mously  pensir.ned  under  t'lic  ','eneral  ]x>n<ion  laws  at  lower 
rates. 


'  Rcfiirl  of  tlu-  C'liii'tissioxcr  of  I'e.isions  for  1917,  42. 


APPENDIX 


_  _:.«.  _'^>  ^V^' 


The  War  Insurance  Law  of  October  6.  1917 

The  entry  uf  the  I  nited  States  into  tlie  luirope.m  War  has 
furnislied  an  upimrtune  lACasiuii  fur  the  aduptiun  oi  a  new  }K)hcy 
f(jr  tlie  If.uiic  in  the  matter  of  national  pruvi.sioiis  I'ui  woimded 
and  disabled  soldiers  and  sailors  and  for  the  dependent  relatives 
of  those  who  lo^e  their  Ii\es.  In  the  absence  of  new  legislation 
by  Con,ures>.  the  j,'eneral  law  i)ension  system  already  described 
wonld  ha\ .'  .ipplied  to  the  military  forces  of  the  L'nited  States  cn- 
gaf,'ed  in  the  present  war.  ihit,  under  the  leadership  and  direc- 
tion of  Secretary  of  the  Treasury  McAdoo.  a  new  plan  for  the 
prc)tectiot!  »f  the  ti,i;htinj(  forces  of  the  nation  was  prepared  and 
snbniiued  to  (.  iin.Ljress.  In  the  drafting.;  of  this  plan  the  Secretary 
of  the  Trea-ur)  availed  himself  of  the  exiHirt  a>sistance  of  Jud'^e 
Jidiaii  W.  Mack  and  of  many  lawyers.  ecunomi>ts.  insurance 
exiK-Tt-.  ]c:-.in^  skilled  in  problems  of  deiK-ndency,  and  other 
projjressive  leaders  of  thouj^dit.  Con,L;ress,  after  revision  and 
amendment,  accepted  by  unanimous  vote  in  both  Houses  the 
general  plan  proposed,  and  the  new  War  Insurance  Law  (or 
S(jldier>'  and  Sailors'  Insurance  Law)  was  approved  by  President 
Wilson  on  October  (i,  I'M".' 

The  new  law  is  a  radical  departure  from  the  existiuij  iien>ion 
system.  It  ajMilies  to  service  in  the  militar\  and  na\al  forces  of 
the  Lnited  States  after  the  date  if  its  approval,  llxistint;  ]>en- 
.-ion  la\\>  are  not  disturbed  in  their  ,-iiiplication  to  i)re\ious  wars. 
Their  '.dministration  continues  under  the  Commissioner  of  i'eu- 
sions  in  the  Department  of  the  Interior.  The  new  War  Insurance 
Law  is  to  lie  administered  by  the  lUireau  of  War  Kisk  Insurrmce 
in  the  Treasury  Department.  .\s  now  constituted  this  bureati 
contains  a  Division  of  Marine  and  Seamen's  insurance  and  a 
Division  of  Military  and  Xaval  Insurance.  The  otticer  i)Iace(l  at 
the  head  of  the  bureau  is  called  director,  and  at  the  head  of  each 


'  I'or  a  (lisni-'ioii  of  tlic  War  lllsllr.^llce  I.;i\v  and  an  accmim  nf  <.'.  c  cir- 
cimi'.tani.'c  ^  uiiilor  wliicli  it  wa'^  i>rci>ari'(I,  sio  an  article  cntitli-d  ".'Soir.irr^' 
Insurance  verbis  I'cnsioii.s"  liy  l'ri.t\-si)r  Samuel  .\IcCinu'  LiniNav  nl  T'llniiv 
Ilia  Univrsity  in  tlie  A'ctii'Tf '.'/  A'.tt'.-.lV  U'T  '>ct"!Hr.  1017.  ]\,.(,-^...y  \\  \.\ 
'iipliart  lias  prcpari'd.  under  tlie  ati-pices  of  tlic  Carnegie  lOidowinent  for  In- 
ternational  Peace,  a  special  iiioiioi;rapli  on  tlie  War   In'urance  Law  of   1''17. 


2H4  l'KI)i;i<.\I..MII.IT.\kVl'i:\SI()\SINTIlKlNITi:DST\T!..^ 

I'l  the  (livi>i(iiis  i.s  a  coiumi.ssioiicr.  In  tlio  loii.likt  ..i  [hv  otircaii. 
llif  (lirei-tor  is  Mil>jcct  to  the  ;;eiieral  (lircvtion  .  i  the  Si'iiviary 
of  t!ie  IrcaMiry.  The  Division  ot"  Marine  and  >canicn'.s  hisnr- 
ance  mhuinisters  tlie  jmnisions  oi  ilic  act  >>i  Sci)tcmiH.T  J,  l')14, 
lor  tlic  nisiirance  of  sliips  and  scai.icn  in  the  niercliaiit  marine 
ajjainst  war  risks.  The  new  l)ivi>ion  of  Military  and  .Naval  In- 
surance is  charijed  with  carrying;  ont  the  various  provisions  of  the 
act  of  (JctolH;r  (>.  l'»17,  for  the  l>enetit  and  i>rotection  <ii  soldiers 
and  sailors  employed  in  the  tmlitary  or  naval  forces  of  the  L  nited 
Stales  aiul  their  dependent  relatives. 

The  leading  features  of  the  War  Insurance  Law  are.  in  brief, 
as  follows: 

1.    it  provides  for  the  support  dnrin.;;  the  w.ir  of  the  families 
and  dependents  of  enlisted  men  (hut  not  of  otiicers).     This  su])- 
lM>rt  is  to  Ik!  obtained  by  compulsory  allotments  of  pay  from  the 
men  to  their   I'amilies  or  dei)enden't   relatives,  suiiple'mented  by 
monthly   family  allowances  made  by  the  United  States  govern- 
ment.    While  the  allotment  of  pay  is  co;ii;)i;lsorv  as  to  a  wife 
or  a  child,  it  is  vi>luntary  as  to  other  |)_rsons.     'I'lie  compulsory 
allotment  for  a  wife  and  children  is  an  amount  c<|ual  to  the  family 
allowance  made  by  the  i^dvernment  but  not  more  than  one-half 
pay  or  less  than  Sl.=i  |)er  month.     An  eidisted  man  inav  allot  any 
proix.rtion  or  amount  of  his  pay  in  addition  to  the  compulsory 
allotmeiU  for  such  puri>oses  and  persons  as  he  niav  direct,  subi-ct 
to  regidations.     The  government  will  make  familv  allowances  t  > 
'vrtain  .lependcnt  relatives  other  than  wife  or  children.  i.ro\ide<! 
the   enlisted    man    makes   a    voluntary   allotment    in    a  'rei|;iircd 
amount   to  such    relative  or  relatives.      In   case  o.ie-half  -f  an 
enlisted  Iran's  momhlv  pay  is  not  allotted,  the  Secretary  of  \'ar 
and  the  Secretary  of  the  .Vavy  may  rc.|nire  him  to  dei'vo^it  ok-- 
half  of  his  pay.  or  mmhikIi  of  one-half  of  his  pav  as  i,  not  alloiu-,! 
in  a  Military  and   Xaval    I'ay  Deposit   lumd.  '  The  money  tin;, 
(Icnositcd  i-  to  iccnnmlate  at  !■  nr  per  cent  intercs!  for  the  'here')' 
!■!  the  men  dnrint.;  the  pcriocl  ,,'  their  -er\ice.     Conipulsorv  allo-- 
iMcnt  nia\-  \k-  uai^ed  on  written  consent  <>\  a  wife.  -i>pportcd  bv 
evidence  of  her  ability-  to  -iipport  licr^elf  rmd  children,      f'.xenr;- 
tion   frnni  coniimKnry  allotment  n'a\    ?U-,  be  -ranted    for  -ood 
cause -liown,  subject  to    e,i;tiIatioii<. 

2.  1  he  new  law  also  provides  comr^ensation  for  disability  or 
death  due  to  injury  or  <lisease  incurrcl  in  militarv  service.  tln\ 
part  of  the  law  anplie^  lH,th  to  ofticer<  and  enlisteil  men  and  their 
dependent  relative^,     h  -jv,.,  protection  similar  in  nianv  respects 


WMi  IXSURAXCi:  LAW,  nCTOKIOk  (,.  1<>17  ly; 

to  that  afh-rdtd  by  tl.e  old  general  law  pcn.siun  s\Mf.n  to  the  «ol- 
<hers  oi   the  Uvil   War.      lluut-ver.  the  cum,K-n.satio„  due^  ..,,t 
vary  vv.tli  rank.  ..ll.cer.  and  fiih>ted  nic-n  lH:inj,'  protected  hv  the 
j.an.c  sclmlule  ...  allowances.     As  a  whole,  the  ccniH^nsaiion  al- 
low^ances  arc  on  a  .nore  },'enerous  .scale  than  the  invalid-iKjnsions 
under  the  general  law  system.    It  ,s  especially  to  be  noted  that  llie 
coniiK-nsation  o.  a  disabled  imu  is  lixed  in  pro,>ortion  U.th  to  the 
degree  ot   nnpa.nnent  of  his  earning  cai>acitv  and  to  the  size 
ot   he  fanidy  aependent  upon  him.  The  compensation  tor  widows 
and  clnldren  is  also  j.roi>urti.,ned  to  the  size  of  families.     Uatin-s 
ot  reductions  wi  earning  capacity  from  injuries  of  a  iH.-nnanent 
nature  are  to  be  base,!,  "as  far  as  practicable,  u,..n  tile  av  ■     '^ 
impairments  o.  earning  capacitv  resulting  from  such  injuries  Tn 
civi!  occupations  and  imt  upon  the  impaimient  in  earning  capacity 
..1  each  nuluidual  case,  so  that  there  shall  l,e  no  reduction  in  the 
rate  ol  com]Knsatinn   f,,r  individual  success  in  overcoming  the 
handicap  ot  a  permanent  injury."     In  ad.iition  to  compensation 
injured  I,er.s„ns  are  emitle.l  to  reasonable  governmental  medical, 
surgical,  and  hospital  services  and  to  useful  an.l  reasonablv  neces- 
sary  supplies  such  as  artificial  limbs,  tnisses.  and  similar  appli- 
ances.    1  ersons  in  receipt  of  com,.ensatiou  for  disabilitv  are  re- 
qmred  to  submit  to  reasonable  me.lical  examinations,  or  medical 
or  surgical  treatment,  at  the  discretion  of  the  bareau.    The  Lnited 
Mates  may  also  re<|u,re  certain  classes  of  injured  iH.Tsons  to  fo!- 
low  courses  ,„  rehabilitation,  reeducation,  and  v.xational  train- 
nv^.      Ihe  iR-nalty  ol  wilful   failure  to  follow  such  curses  is  a 
suspension   o.   the  compensation   for  disabilitv.     Compensation 
m.der  this  law  ^vlll  not  !>,.  p.nd  ,„  persons  inreceipt  o'f  sen  ice 
or  retirement  pay.      i1,e  co„,,K,nsatuM,  is  not  assignable  antl  is 
exem,,t   from  attaclime.n  and  execution  an.l   from  all  taxation 
.V    111   ad.litio,,   to  compensation  as  al>ove  .lescrilK.'<l    for  dis- 
ability or  death  caue.l  by  war  injuries,  the  War  Insurance  Law 
gives  ofTicers  an.,  enbste.l  men  the  right  to  secure  fr.mi  the  goveni- 
niem  turther  protection  in  the  form  of  insurance  against  deith 
or  total  ,>enna„ent  .lisr.bilitv  in  anv  multiple  of  .':;50()    an.l  not 
le..s  than  Sl.()i.n  or  more  than  Simn   The  exercise  of  th"  ri" 
.s  emirelv-  opt„,„a  .     A  man  f^i  for  uu'litarv  service  is  phvsic^dlv 
a  hrst  class  risk.     Hut  when  he  enters  suchservire.  he  c^an  se.'  re 
msuiance  from  private  c.mpanies  only  at  very  high  or  ,,rohibi,i^e 
r.itcs     The  I  nite.    States  proposes  t.,  insure  his  insunabilitv  bo.h 
or  the  present  ar.,1  alter  the  war.     This  protection  is  to  bein  the 
torm  o,  term  msunince  renewable  fmni  vear  to  vear  an.l  omi 


1  i 


JX(,  I  i;i)i:k.\i.  Mii.i  TAKN  ri-;NM()N.s  in  thk  l'MTI  dm  atis 

MTtililc  al'ttT  the  war,  uitliuiil  nu-dical  fxaininatii)ii,  into  v.irimiN 
>tantlar(l  I'orins  ol  insurance.  'I'lic  |)ri'iimim  rate  aic  to  he  tlic 
net  r.ite^^  Wased  iiix'ii  tlie  Aiiiericaii  IvxixTieiue  Talilc  of  Mortality 
uitli  interest  eaiculateil  at  three  and  one-half  per  cent  jk-T  anmini. 
I'lie  I'nited  States  will  liear  the  expenses  of  administration  and 
the  e\ces>  mortality  and  disaliility  cost  resitllinj^  from  the  hazards 
of  war.  I'or  all  i«rsons  in  active  military  service  on  or  after 
April  »),  I'M/",  the  i)lan  includes  a  provision  of  antomatic  insur- 
ance covcrinj;  the  period  nntil  I'ehruary  12,  I'MS,  inclusive.  I'er- 
sons  in  active  service  at  tlie  time  of  the  pnhlication  of  the  tertns 
and  conditions  of  the  insurance  may  apply  at  any  time  within 
IJO  flays  thereafter,  while  in  service.  This  peril k|  ex])ires  I'el)- 
ni.try  \2.  I'MS.'  ( )tlier  jjersons  mnst  apply  foi  instuance  within 
120  (la\>  after  enlistment  and  l)efore  discharc;e  or  resignation 
from  the  service.  \o  medical  examination  is  retpiired.  Pre- 
minms  may  l)e  deducted  from  the  pay  or  deposit  of  the  insured, 
unless  the  insured  makes  payment  otherwise.  The  insurance  is 
))ayable  to  the  l>eneticiar\'  or  beneficiaries  in  240  equal  inonthly 
instalments,  l>iU  retjulations  providinjj  certain  alternative  benefits 
may  l)e  made  by  the  bureati.  When  the  insured  is  the  l)eneficiary 
in  the  case  of  total  pennanent  disability,  the  monthly  instalments 
will  l)e  continued  throuphout  the  duration  of  the  disability.  This 
insurance  feature  of  the  new  law  is  novel  and  far  reaching. 
While  in  course  of  prejiaration  it  was  the  subject  of  unfavorable 
criticism  on  the  part  of  [>ersons  connected  with  existing  insur- 
ance companies  who  do  not  favor  the  inauguratinn  of  state 
insurance.  On  the  other  hand,  the  insurance  plan  received  the 
unqualified  indorsement  of  the  President,  the  Secretary  of  the 
Treasury,  and  of  experts  in  social  legislation.  It  is  obvious  that 
in  case  the  present  war  is  long  protracted  this  new  dqiartiire  in 
public  policy  may  have  consequences  of  immense  importance  m 
manv  directions. 


'  .\  jnint  resiiliition  of  ConRrcsi;  was  approved  hy  President  Wilson.  Fel)- 
ruary  12.  I'JIS,  for  !hc  purpose  of  cxtciidinpr  the  time  during  which  person- 
in  the  military  or  naval  service  might  applv  for  insurance  to,  and  includinK 
April  12.  mn.    nfUciiil  Bulletin.  Februaty  13,  1918.  p.  1. 


■Q^m^m 


>r|>s, 
aii'l 
wliili-  siTviiii<  i>iirM:,iiit  tu  liw 

I'fficer,   liut   iiulurli^   (,r.ly   aii 


II 

Brief  Outline  of  the  Provisions  and  Schedules  of  the  Act  of 
October  6,  1917 

The  .<«'verniiient  has  haM  |.rc|  ari'd  f.r  the  iiif,)nitati()n  >>i  iiieii 
in  tl\e  Miliiicis"  traiiiiii-  (•atii|»  in  tin.-  liiiu'il  St.ao  a  naiiiphlet 
i-rmtaininf,'  a  simple  statement  ni  tin-  mo,t  e->ential  detaiN  of  tlie 
War  Insurance  i,a\v.  Tliis  int'i.niiatinn  i-,  s, ,  c.uneiiiemlv  ar- 
ranged, with  references  U,  tile  ai)|)n.i)riaie  iftions  ,.f  the  law , 
that  the  fjreater  portion  of  the  pamphlet  is  here  reprinted. 
Definition^  f(,h  thk  I'irpii^j^  nr  tjii.  Act  i  Sk(  .  22t 

"Military  .>r  nav.il  forci--,"  m.'aii-.  ilu-  Army,  tlu'  Xavy,  t!ic  >iariTi.-  ( 
the-  Coast  Guard,  tlio  Naval   Rc.rv,,.  tlu-   \-.iti,,i,aI   Naval   VnluntoT- 
any  other  lirancli  of  tlit-  L'uitdl  Statm  >,ruci 
with  the  Army  or  the  Navy. 

"Commi>sione(l  officer"   iiichidcs  a 
officer  in  active  service. 

"Man"  or  -.  rljstcd  man"  means  pors.)!!.  .nlc  or  fcm.il.'.  in  active  s.-rvic"  in 
the  military  or  naval  forces  of  the  Uniteil  States,  and  includes  nonommis- 
sioned  and  petty  officers  and  mcmhcr,  nf  traininw  camp-. 

"Injury"  inchules  disease. 

"Pay"  means  the  pay  for  service  in  the  L'tiite.i  .State,  ace.  ;  '■^]^  to  grade 
and  lenffth  of  service,  excluding  all  allowance-. 

"Qiild"  is  limited  to  an  unmarried  person  either  under  18  years  of  a«e,  or 
incompetent,  and  include-,  under  certain  conditions,  a  stepchild,  adopted 
child,  and  illegitimate  child. 

"Parent"  includes  a  parent,  grandparent,  and  step-parent,  either  of  tlie  per- 
son in  the  service  or  of  the  spouse. 

"Brother"  and  "sister"  in'-lude  brothers  and  sisters  of  the  half  hlorxl  as 
well  as  those  of  the  whole  blood,  stepbrotliers  and  stepsisters,  aii  1  brothers 
and  sisters  through  adoption. 

The  bureau  on  request  shall  furnish  information  to  and  act  for  persons  m 
service  with  respect  to  insurance  as  may  be  prescribed  by  retaliation,  and 
may  on  request  keep  records  of  policies,  companies,  etc.     (Sec.  24.) 

Punishment  provided  for  perjury  or  fraud.     (Sees.  25-26.1 


.'\UX>TMENTS    .^ND   F.WII.Y    .\u,0W.\NTES 

(.Applies  to  enlisted  men.  not  to  officers.) 

.Allotment  of  Pav  (Sec.  201) 

.■MIotment  of  pay.  compulsory  as  to  wife  (divorced  wife  in  certain  cases). 
compulsory  as  to  child,  voluntary  as  to  other  persons. 


•KtM 


288  FEDKRALMII.ITAUV  rKNSIoNS  IN  THK  UNITK D  STATKS 

M'inthly  ctim|iul«>ry  ullotmi'iit  *hM  l>t  in  an  itiiiniinl  c'luul  li>  iamily  alli>w- 
antt-»  lnritiiafttT  ^|K•ci(il■ll  Imt  tint  mi.rr  ihuii  <iiu-lialf  pay,  ur  K  si  than  $15 

The  rnlivtetl  man  m.  y  allui  any  i>ri.|iorti<in  ur  amonni  of  his  pay  ni  a>lili- 
tK.ti  ici  ihf  compulsory  allntmrnt  for  such  purposes  anil  persons  as  in-  may 
(lirfci,  suhject  to  rt'Kulationt.     (  Src,  iOi.) 

The  Secretary  of  War  and  Ihi  Sicntary  of  Na\y  hkiv  rtiiiiire  tiiat  any 
proportion  of  one-lialf  pay  wliidi  is  ni't  allotteil  sli.ill  hv  .Upositeil  in  the 
mihiary  ami  naval  pa)  (Uposit  finid  for  ihi-  hi'iulit  of  tht  man.     (Sec.  -*<).'.) 

t'ompnisory  allotment  may  he  waived  i^n  written  consent  of  wife,  snii- 
ported  l;y  rviilcnce  of  ht-r  ahdity  to  support  herself  and  chddren,      (See.  ,201.) 

1 1  mpidsory  allotment  may  he  escnsed  fo.'  K"od  cau-e  shown,  suhject  to 
rcKnlations.     {  Sec.  2*11.  i 

I'amii.v  .\i.i.ovv.^N(  h.   (Sn.  2(M) 

.\  family  allowance  not  to  <  .xceed  ,-5<'.  m  addition  to  pay  alloti'd  hy  the 
man.  shall  he  paiil  hy  the  United  State-. 

I'amily  allowanc  •  shall  he  paid  upon  application,  which  may  he  maile  hy 
the  man,  or  maile  hy  or  in  hehalf  of  the  heneticiary. 

No  family  alli'wance  shall  h<-  maite  for  any  period  preceding  Novemher  I. 
1917. 

Kamily  allowance  will  he  paid  from  tlie  time  of  enlistment,  hut  ceases  one 
month  after  tlie  termination  of  the  war.  or  at  death  in.  or  one  month  after 
(li-eharKe  from  the  service. 

i'.l  NKUl  l.M<l>s    I'NriTl.m  TO    |-A\IIIY    .\l.l.oW  .\  M  K  .   AND   SetlHil'l.KS 

//  lite  iitUstid  /'■■rjdii  is  (1  (iiijii 

Class  .N.    \\  ife.  child,  or  children  : 

((ji    '.f  till  re  he  a  wife  hut  no  child,  $1.''. 

l^(   If  tliere  he  a  wife  and  one  child,  SJ.s. 

1.1    If  tiure  he  a  wife  and  two  children,  $,U.50,  with  <5  per  month 

,idditional  for  each  additional  child. 
{ill    If  ihire  he  no  wife,  hut  one  child,  S."". 
(i- 1    If  there  tic  no  wife,  hut  two  chihlren,  $12.50. 
(/  I    If  there  he  no  wife,  hut   three  children,   .$20. 
I.;  I    If  tliere  he  no  wife,  hut   four  chihlren,  $.«'.  with  $5  per  month 

additional  for  each  additional  child. 


Clas-  B.    Grandchilil,  par<iit,  hri.tlur  or  sister: 
((I  I    If  there  he  one  parent,  ?10. 
(/'I    If  there  he  two  parents.  $20. 
(fi   Tor  each  Kr^ndchild,  hmther,   sis;cr,  and   aiWIitional   parent,  $3. 

//  ihi-  <-itlusti-d  /><r.t.>ii  is  ii  uomaii: 
Class  A.   (  None. ) 
ClaFS   B.     Child.  Mramkhild.  parmt.  hrother  or  si'ter  : 

(a)  If  there  he  one  jiarent.  .SIO. 

(b)  If  iherc  he  two  parents,  $20. 


WAR  INSIKAM  I    LAW.  (i(  Toril-.K  (>.  IV17 


.'SO 


(.  )   I'or  faili  Kr.itiit.  Iiilil,  brotdcr.   Msirr,  .inil   ;i<liliiiiiiial   (iar<iu.   f5. 
id)   If  thirc  In   .11.   chil.l,  $5 
((•)    If   ihrre  Ik'  twi.  ihililriii,  fl2.S() 
(/»    If  thrrc  III'  tlinc  .liil.lrtn.  *^) 

ill)   If  thrrr  \<r  f.  iir  ihildrrn,  $,«»,  with  $5  p.  r  numlli  addiiKin,;!  fur 
raili  aililitiiJtial  child. 

F'amily  all.  w.^lKc•^  f.ir  (las.  A  -liall  \,v  paid  iinly  if  .in. I  while  a  com|iiil- 
sory  allotmint  is  madr  i.i  a  miinh.  r  ..r  mcmlifrs  of  suili  clas».     (Sic.  J).^.) 

Ski.  HX).  That  family  all.iwanccs  i..  mcn.litTs  ..f  Class  H  shall  hr  Kraiu'-'d 
only  if  ami  while  the  mtmluT  is  di  iHiideiit  in  wlmli-  vr  m  part  on  Ihi  tr,- 
listfd  man,  and  then  ..nly  if  and  while  the  enlisted  man  makes  a  nu.nlHy 
allotment  of  his  pay  for  such  mimhcr  or  mcmhers  e(|ual  to  the  anniin'  of 
the  monthly  family  allowance  as  hereiiialiove  specilied,  except  that— 

(a)  The  maximum  monthly  allotment  so  re(|iiired  to  he  made  to  memher> 
of  Class  fi  shall  he  .>ne-half  of  his  pay. 

(h)  If  he  is  tnakiiiK  no  all.ilnniit  to  a  memher  of  Cla^s  A.  the  minimum 
m.inthly  allotment  s.i  ileMnnated  to  he  made  to  memhers  of  Class  li  shall  he 
.J  per  month. 

(il  If  he  is  making  the  dmpiils.iry  allotment  to  n  nuinher  of  Class  A. 
the  mif'tnum  monthly  allotment  so  de.innated  to  he  ma.lr  to  memhers  <if 
Oa~s  n  shall  hi^  one  seventh  ..f  his  jiay,  hut  not  les«  than  ^.s  per  inonth. 

f)n  the  enlisted  man's  application,  or  otherwise  for  kooiI  caii>e  shown, 
exempti.in  fr.im  this  additional  allotm.nt  under  Class  IJ  as  a  condition  to 
the  allowance  may  he  granted.  npi>ii  ^iich  conditi.^ns  as  may  he  pre^crihed 
by  regulations. 

Sn  .  207.  That  the  amount  of  the  family  allowance  t.)  nunihers  of  Class 
B  shall  he  subject  to  each  of  the  following  limitations: 

(a)  If  an  allowance  i-  paid  to  <ine  or  m(jrc  beneficiaries  of  Gass  .X,  the 
total  allowance  to  be  paid  to  the  beneficiaries  of  Class  B  shall  not  exceed  the 
difference  between  the  allowance  paid  to  the  beneficiaries  of  Class  A  and  the 
sum  of  $50, 

(b)  The  total  monthly  allowance  to  beneficiaries  of  Oass  B  added  to  the 
enlisted  man's  monthly  allotment  to  llum  -hall  not  exced  the  average  sum 
habitually  contributed  In  him  to  their  support  monthly  durinR  the  period  of 
dependency  but  not  exciediiig  a  year  immediately  preceding  his  enlistment 
or  the  enactment  of  this  amendatory  act. 

Skc.  208.  That  as  between  th.  members  .if  Class  A  anil  as  between  the 
members  .if  Cla-s  B.  the  amount  of  the  all.'tment  and  family  allowance  sliall 
be  app.irtioned  as  may  be  prescribed  by  regulations. 

Sfc.  2(y>.  The  War  and  Navy  Departments,  respectively,  shall  pay  over 
to  the  Treasury  Department  monthly  the  entire  amount  of  such  al'  tmei.ts 
for  ili«tribution  to  the  beneficiaries,  and  the  allotments  and  family  al  .vanccs 
shall  be  Jiaid  by  tile  brnaii  to  ..r  f..r  tbi>  ben.  ("iciaries. 


H 


290  FEDERAL  MILITARY  PENSIONS  IN  THE  UN'TED  STATES 

Sec.  210.  That  iipun  receipt  of  any  application  for  family  allowance  the 
Commissioner  .shall  make  all  proper  investigations  and  shall  make  an  award, 
on  the  basis  of  whicli  awa'd  the  amonnt  of  the  allotments  to  be  made  liy 
the  man  shall  be  certified  to  the  War  Department  or  Navy  Department,  as 
may  be  proper.  Whenever  the  Commissioner  shall  have  reason  u>  believe 
tliat  an  allowanco  has  been  improperly  made  or  that  the  condition.,  have 
dummied,  he  shall  investigate  or  reinvestigate  and  may  modify  the  award. 
The  amount  of  eacli  montlily  allotment  and  allowance  shall  be  determined 
according  to  the  conditions  then  existing. 

The  dmimissioiuT  after  investigation  shall  make  an  award,  on  whicli  tlie 
amount  of  allotments  shall  be  determined. 

The  Commissioner  shall  have  continuing  jurisdiction  over  his  awards. 

The  amount  of  each  monthly  allotment  and  allowance  shall  be  determined 
accordmg  to  the  conditions  then  existing.     (Sec.  210.) 

C0MI'E.S,S.\n0.N   FOR   De.\TH   OR   Dl.SABILITV    (StC.  .300) 

Compensation  is  payable  to  officers  and  enlisted  men  and  to  members  of 
the  Army  Nurse  Corps  or  of  the  Navy  Nurse  Corps  when  employed  in 
active  service  under  the  War  or  Navy  Department. 

Compensation  shall  be  payable  for  death  or  disability  resulting  from  per- 
sonal injury  sufTered  or  disease  contracted  in  line  of  duty,  unless  caused  by 
the  person's  own  wilful  misconduct. 

The  ci.st  of  compensation  shall  be  paid  by  the  United  States  without  con- 
tributions from  the  persons  protected. 

CoMPENSATlO.N    I.V    CASK  OF  DeATH    (  Sf.C.  301) 

TO  Family 

The  only  persons  cntitUd  to  receive  compensation  in  case  of  death  are  the 
widow,  children,  and  dependent  widowed  mother  of  the  deceased. 

The  monthly  suIn^  payable  in  each  case  arc  stated  and  are  not  based  upon 
the  i)ay  of  the  deceased. 

(a)  For  a  widow  alone,  $25. 

(b)  For  a  widow  and  one  child,  $35. 

(<:)   For  a  widow  and  two  children,   $47.50,    with   $5    for   er.ch   additional 
child  up  to  two. 
If  tliere  be  no  widow,  then  for  one  child,  $20. 
For  two  children,  $30. 

For  three  ebiblren,  ?40.  with   $5  for  each  additional  child  up  to  tw.i. 
F.  .'   a   wirl.iwed   mother,   $20.     Tlie   amount   payable   under   thi^    sub- 
division  -ball  not  be  greater  than  a  sum  which,  when  added  to  the 
total  amount  payable  to  the  widow  and  children,  gives  $75. 
C..mpfnsation   to  a   widow  or   widoweil  mother  shall  continue  until  death 
or  remarriage. 

Compensation  to  a  cliild  shall  cease  at  the  age 
the  child  is  incompetent. 


((il 
(/) 


of  IS,  or  at  marriage,  unh'S.^ 


WAR  INSUKAXCK  LAW.  OCTOBER  6,  1917  291 

It  the  (kath  utciir  jeforc  dibcliargc  or  resignation  from  service,  the  United 
States  shall  pay  for  burial  cxpcscs  and  tlie  return  of  body  to  his  home  a 
sum  not  to  c.ncid  $ioo,  as  ma>  l)e  fixed  by  regulations. 

CoMi'KNs.MioN  IN  Case  of  Total  Disability   (Sec.  302) 

During  the  continuance  of  total  disability,  monthly  compensation  shall  be 
paid  to  the  injured  person. 

The  amounts  |iayaMe  monthly  are  stated  in  this  section  ; 
upon  the  pay  of  the  injured  person. 

(a)  If  he  has  ncitlier  wife  nor  child  living.  $30. 

(b)  If  he  has  a  wife  but  no  cliild  living.  $45. 
(i)   !f  he  has  a  wife  and  one  child  living,  $55. 
(d)   If  lie  has  a  wife  and  two  children  living,  $65. 

(f)   If  he  has  a  wife  and  three  or  more  children  living,  $75. 

(/)  If  he  has  no  wife  but  one  child  living.  $40,  with  $10  for  each  addi- 
tional child  up  to  two. 

(</)  If  he  ha-  a  widowed  inotlier  dependent  upon  him  for  support,  then 
in  aihlition  to  the  above  amounts,  $10. 


tliey  are  not  based 


To  an  injured  person  who  i^  totally  disabled  and  in  addition  so  helpless 
as  to  be  m  con-ttnt  need  of  a  nurse  or  attendant,  such  additional  sum  shall 
be  paid,  hut  not  exceeding  $20  per  month,  as  the  director  may  deem  reason- 
able :  Provided,  ho-uvver.  That  for  the  loss  of  both  feet  or  both  hands  or 
both  eyes,  or  for  becoming  totally  blind  or  helpless  and  permanently  bed- 
ridden from  causes  occurring  in  the  line  of  duty  in  the  service  of  the  United 
States,  the  rate  of  compensation  shall  be  $1(X>  i)er  month :  Provided  further. 
Thai  no  allowance  shall  be  made  for  nurse    .r  attendant. 

Co.\I!'E.NSATION-    IX    CaSF.    OF    PARTIAL    DiSAllILITV 

The  amount  of  compensation  in  case  of  partial  disability  is  a  percentage 
of  the  compensation  provided  in  case  of  total  di5al)ility. 

The  percentage  is  equal  to  the  reduction  in  earning  capacity  resulting 
from  tile  injury. 

A  scheihile  ,,f  di-ability  ratiiiRs  shall  he  adopted,  based  upon  average  im- 
p.tirments  of  earning  capacity  in  civil  occupations  resulting  from  specific 
injuries  of  a  permanent   nature 

I'RilVlSIONS    Rm.ATrN-G   to  DiSADlUTV 

In  .i.Iditinn  to  o.mpensati.m  the  United  States  shall  furnish  medical,  sur- 
gical, and  hospital  services,  and  ,  .ic!i  supplies,  including  artificial  limits, 
trusses  etc..  as  the  director  may  determine  to  be  useful  and  reasonably 
necessary. 

I'rovision  is  made  for  frccpient  examinations  of  the  disabled. 

Every  person  in  receipt  of  compensation  shall  submit  to  reasonable  treat- 
ment.    (Sec.  .W3.) 


292  FEDERAL  MILITARY  PENSION'S  IN  THE  UNITED  STATES 


Courses  of  rehabilitation  and  reeducation  may  be  provided  by  the  United 
States.  H  the  following  of  such  a  course  prevents  the  injured  person  from 
earning  a  living  he  mu^t  (under  penalty  of  suspension  of  compensation  dur- 
ing refusal)  enlist  in  the  service,  in  wliich  case  he  receives  full  pay  and  his 
family  receives  allowances  and  allotmtnts  as  above  provided,  in  lieu  of  com- 
pensation while  the  course  continues.     (Sec.  .304.) 

The  bureau  has  continuing  juri.^diction  over  compensation  cases;  (Sec. 
305),  and  may  at  any  time  review  an  award  and,  in  accordance  with  the  fact, 
end,  diminish,  increase,  or  make  an  award. 

Conditions  Governing  Compens.^tion 

Death  or  disability,  to  be  compensable,  must  occur  while  in  the  service  or 
within  one  y-  i-  after  discharge  or  resignation. 

Except  that,  if  the  injured  person,  within  one  year  after  leaving  the  ser- 
vice, shall  undergo  a  medical  examination  and  obtain  a  certificate  that  lie  is 
suffering  from  an  injury  likely  to  cause  death  or  disability,  compensation 
shall  be  payable  whenever  death  or  disability  resulting  from  sucli  injury 
occurs.     (Sec.  306.) 

Compensation  shall  not  be  payable  for  death  in  the  course  of  the  service 
until  the  death  be  officially  recorded  in  the  department  under  which  the  per- 
son may  be  serving. 

No  compensation  'hall  be  payable  for  a  period  in  which  the  man  has  been 
reported  missing  and  a  family  allowance  has  been  paid  for  him.     (i-.c.  3(l7. ) 

Death  inflicted  as  a  punishment  for  a  crime  or  military  offense  is  not 
compen.>-able  unless  it  is  inflicted  by  the  enemy. 

Di>missal  or  dishonorable  discharge  is  a  bar  to  any  compensation.  (Sec. 
306.) 

Compensation  is  not  assignable  and  is  exempt  from  attachment,  execution, 
and  from  all  taxation.     (Sec.  311.) 

Compensation  shall  not  be  paid  while  the  person  is  in  receipt  of  service 
or  retirement  pay. 

Except  as  riglns  have  lieretofore  accrued,  existing  laws  providinp  pay- 
ments in  the  event  of  death  in  the  service  (as  six  months  pay)  and  existing 
pension  laws  shall  not  be  applicable  to  persons  now  or  hereafter  in  the 
service. 

Compensation  to  members  of  the  .^rmy  Nurse  Corps  or  of  the  Navy 
Nurse  Corp--  is  in  lieu  of  compensation  under  the  act  of  September  7,  1916. 
(Sec.  312.) 

Whf.n  Ci..mm  Mu.st  Re  Fii.En 

In  case  nf  disability,  claim  must  be  filed  within  five  years  after  dischargi' 
or  re-ii;iiation  from  tlu-  service:  or,  if  the  disability  occur  after  leaving  the 
fiTvici",  witliin   five  years  after  the  beginning  of  disahility. 

In  ca^e  ('f  dealli  during  the  service,  the  claim  must  be  filed  within  five 
ytars  aft'-r  tlu  death  is  officially  recorded  in  the  department  in  which  the 
persiin  i--  serving. 

In  ea^i-  nf  diath  aftir  discliargi-  or  resignation  from  the  service,  the  claim 
must  be  liU-d   within   five  years  after  death.     (Sec.  309.) 


WAR  INSURANCE  LAW,  OCTOBER  6,  1917 


293 


No  compensation  shall  be  payable  for  any  period  more  than  two  years 
prior  to  the  date  of  claim.     (Sec.  310.) 

l.NSURANCr, 

Insurance  against  death  or  total  permanent  disability  is  provided  by  the 
United  States  and  made  available  to  every  otTiccr  and  enlisted  man  and  to 
members  of  the  Army  Nurse  Corps  and  Navy  Nurse  Corps  when  employed 
in  active  service  under  the  War  and  Navy  Departments. 

Insurance  must  be  in  multiples  of  $500  and  not  less  than  $1,000  or  more 
than  $10,000. 

Insurance  must  be  granted  upon  application  to,  and  payment  of  premium 
to,  the  bureau. 

Insurance  must  be  granted  without  medical  examination.     (Sec.  400.) 

Insurance  must  be  applied  for  within  120  days  after  enlistment  and  before 
discharge  or  resignation  from  the  service. 

Persons  who  are  in  active  service  at  the  time  of  the  publication  of  terms 
and  conditions  may  appl-  at  any  time  within  120  days  thereafter,  while  in 
service.     (This  period  ex;  'es  February  12,  1918.) 

Automatic  Insitrance 

Any  person  in  active  service  r  after  the  6th  of  April,  1917,  is  insured 

automatically  until  February  12,  .  18,  unless  he  has  applied  for  insurance  to 
take  effect  at  an  earlier  date. 

The  protection  thus  given  is  against  death  and  against  total  permanent 
disability  occurring,  while  in  active  service,  from  April  6.  1917,  to  February 
12,  1918,  inclusive. 

If  the  insured  person  lie,  without  having  become  so  disabled,  during  tlie 
period  stated,  monthly  instalments  of  $25  each  will  be  paid  his  wife,  child, 
or  widowed  mother.  These  instalments  are  payable  to  the  wife  during  her 
widowhood  or  to  the  child  or  widowed  mother  while  they  survive  him,  but 
not  more  than  240  instalments  shall  be  so  paid. 

If  the  insured  person  becomes  totally  and  permanently  disabled  during  the 
period  stated  he  will  receive  an  income  payable  in  monthly  instalments  of 
$25  each  during  disabilit)-.  If  he  die.  like  instalments  are  payable  to  the 
wife  during  her  widowhood  or  to  the  child  or  widowed  mother  while  they 
survive  him,  hut  not  more  tlmn  240  instalments  less  the  number  of  instal- 
ments that  may  have  been  paid  to  the  insured  while  disabled  shall  be  so 
paid.    fSec.  401.) 

Insurance  Details 

Insurance  shall  not  he  assignable  or  subject  to  claims  of  creditors  of  the 
insured  or  of  the  beneficiaries. 

Insurance  shall  be  payable  only  to  a  wife  or  husband,  child,  grandchild, 
parent,  brother,  or  sister  of  t!io  insured  or  to  himself.  (.Automatic  insur- 
ance is  payable  only  to  a  wife,  child,  or  widowed  mother.) 


f'Wi 


294  FEDERAL  MILITARY  PENSIONS  IN  THE  UNITED  STATES 

Insurance  shall  be  payable  in  240  monthly  instalments,  except  that  in  the 
case  of  total  permanent  disability  monthly  instalments  will  be  continued 
throughout  the  duration  of  disability. 

Provisions  for  endowment,  continuous  instalments,  surrender  values,  divi- 
dends, etc.,  as  may  be  reasonable,  may  be  provided  by  regulation. 

The  insured  has  the  right  to  change  the  beneficiary  without  consent,  but 
only  within  the  permitted  class. 

If  no  beneficiary  within  the  permitted  class  be  designated  by  tlie  insured, 
either  in  his  lifetime  or  by  his  last  will  and  testament,  or  if  the  designated 
beneficiary  does  not  survive  the  insured,  the  insurance  (or  if  any  beneficiary 
survives  the  insured  but  docs  not  receive  all  the  instalments,  then  the  re- 
maining instalments)  shall  be  payable  to  such  person  or  persons,  within  the 
permitted  class  of  beneficiaries,  as  would  under  the  laws  of  the  state  of  the 
residence  of  the  insured  be  entitled  to  his  personal  property  in  case  of  in- 
testacy. If  no  such  person  survive  the  insured,  then  there  shall  be  paid  to 
the  estate  of  the  insured  an  amount  equal  to  the  reserve  value,  if  any,  of 
the  insurance  at  the  time  of  his  death.     (Sec.  402.) 

The  United  States  shall  bear  the  expense  of  administration  ant!  t'le  excess 
mortality  and  disability  cost  resulting  from  hazards  of  war. 

Premium  rates  shall  be  net  rates,  based  upon  the  American  Experience 
Table  of  Mortality,  and  3'/;  per  cent  interest.  Such  rates  do  not  include  any 
provision  for  expenses.     (Sec.  403.) 

During  the  period  of  the  war  and  for  five  years  thereafter,  unless  sooner 
converted,  the  insurance  shall  be  term  insurance  for  successive  terms  of 
one  year  each. 

lor  five  years  after  the  termination  of  he  war  the  insured  shall  have  the 
right  to  convert  this  term  insurance  into  any  of  the  usual  forms  of  insur- 
ance at  the  net  premium  rate  for  such  forms  of  insurance. 

No  medical  examination  can  be  required  as  a  condition  of  converting  the 
insurance. 

Unless  the  privilege  of  conversion  is  exercised  the  insurance  can  not  be 
continued  after  the  expiration  of  the  five-year  period. 

To  carry  out  the  privilege  of  conversion,  ordinary  life  insurance.  20-pay- 
ment  life  insurance,  endowment  maturing  at  age  62,  and  other  usual  forms 
of  insur:.nce  shall  be  provided. 

Premiums  shall  not  be  re(|uired  for  more  than  one  month  in  advance  and 
may  be  deducted  frm  the  pay  or  deposit  of  the  insured. 

The  instant  you  sign  your  application,  the  insurance  is  in  force. 

The  insurance  is  issued  at  monthly  rates  for  the  age  (nearest  birthday) 
of  the  insured  when  the  insurance  goes  into  effect,  increasing  annually  upon 
the  anniversary  of  the  policy  to  the  rate  for  an  age  one  year  higher,  as  per 
the  following  table  of  rates : 


S*!S!r^S!Sf 


WAR  INSURANCE  LAW,  OCTOBER  6,  1917 


295 


Monthly  Premiums  i-or  Each  $1,000  of  Insurance 
(Each  $1,000  of  insurance  yields  $5.75  per  month  for  240  months) 


Age 

15... 
16... 
17... 
18... 
19... 


20. 
21. 
22. 
23. 
24. 

25. 
26. 
27. 
28. 
29. 

30. 
31. 
J2. 
33. 
34. 


35. 
36. 
37. 
,58. 
39. 


Monthly 
Premium 
.  ..  $0.63 
. . .  .63 
. . .  .63 
...  .64 
...       .64 


.64 
.65 
.65 
.65 
.66 

.66 
.67 
.67 
.68 
.69 

.69 
.70 
.71 
.72 
.73 


.74 
.75 
.76 
.77 
.79 


Arc 

40.. 
41.. 
42.. 
43.. 
44.. 


45. 
46. 
47. 
48. 
49. 

.50. 
51. 

52. 
.'i3. 

54. 

55. 
56. 
57. 
58. 
59. 

60. 

61. 

62., 

63.. 

64.. 

65. 


Monthly 

Premium 

. ...    $0.81 

82 

84 

87 

89 


.92 

.95 

.99 

1.03 

1.08 

1.14 
1.20 
1.27 
1.35 
1.44 

1.53 
1.64 
1.76 

1.9<^ 
2.05 

2.21 
2.40 
2.M 
2.82 
3.07 
3.35 


BIBLIOGRAPHICAL  NOTE 

I-"outiiotcs  liave  hcoii  used  freely  throughout  thii  vohimc  to  iiKiicatc  all 
important  sources  and  secondary  works  used.  Naturally  most  of  tlic  ma- 
terial for  tlie  study  of  a  subject  of  this  kind  is  to  be  found  in  the  records 
and  public  documents  of  the  various  departments  of  the  Government  of  the 
United  States.  \'alual)lc  supplementary  information  is  contained  in  the 
records  of  organizations  of  former  soldiers,  in  publications  issued  by  claim 
agents  and  pension  attorneys,  in  newspaper  and  magazine  articles  retiecting 
current  opinion  and  criticism,  in  the  platforms  of  political  parties,  in  the 
writings  of  statesmen  and  pulihcists  who  have  had  experience  with  the  matter 
of  pensions,  in  tlie  few  dependal)le  secondary  wi>rks  on  the  jubject.  and  in 
general  writings  on  the  history  and  economic  and  social  problems  of  the 
United  States. 

Legislative  discussion  and  action  on  military  pensions  are  recorded  in  the 
.tnnals  of  Congress,  tlie  Register  of  Debates  in  Congress,  Congressional 
Globe.  Congressional  Record,  Senate  Journal,  House  Journal,  Senate  Reports 
of  Committees,  and  House  Reports  of  Committees.  Kxtended  and  particularly 
illuminating  investigations  of  the  pension  system  were  made  by  committees 
in  the  Twenty-third,  the  Forty-sixth,  the  Forty-eighth,  and  the  Fifty-second 
Congresses.  Reports  of  these  and  other  committee  investigations  are  exactly 
cited  at  appropriate  places  in  the  text.  The  pension  laws  of  Congress  are  of 
course  to  be  found  in  the  United  States  Statutes  at  Large. 

Executive  papers  and  reports  on  pensions  (except  special  and  technical 
publications  of  the  Bureau  of  Pensions  and  the  Department  of  the  Interior) 
are  for  the  mo-t  part  to  be  found  in  the  Hxccutiie  Documents  of  the  Senate 
or  House  of  Representatives.  These  are  easily  accessible  in  the  set  of  Con- 
gressional dfjcuments  in  public  depository  libraries.  Many  documents  and 
reports  are  also  printed  separately.  The  Anwrican  State  I'apcrs  (38  vols., 
Washington,  18,52-1861)  contain  many  papers  of  value  to  tlie  investigator  of 
llie  early  history  of  the  United  States  pension  system.  Prior  to  1849  the 
Secretary  of  War  was  the  cabinet  officer  generally  in  charge  of  the  ad- 
ministration of  the  pension  laws,  and  his  annual  reports  are  an  important 
source  of  information.  The  Pension  Office  of  the  War  Department  was  es- 
tabli-hed  in  lH,!,i  with  a  Commissioner  of  Pensions  in  charge.  In  1849  the 
I'ension  Office  became  the  Bureau  of  Pensions  of  the  newly  created  Depart- 
ment oi  the  Interior.  The  principal  source  of  information  with  regard  to 
the  administration  of  the  pension  luw^  is  the  annual  Report  of  the  Ciimmis- 
sioner  of  I'cnsioiis  to  the  Secretary  of  tlie  Interior  with  accompanying  statis- 
tical tables  and  appendices.  The  annual  Report  of  the  Secretory  of  the 
Ii'.'cri'r  ti-t!ally  ifntains  a  summary  of  the  pension  report  and  M>inetimes 
important  aiiilitional  ilisrus-ion  anil  recommemlatioiH.  Many  special  publi- 
catiiins  of  tile  Di  partment  of  the  Iiiteri(jr  anil  ilie  Bureau  of  Pensions  throw 


BIBLIOGRAPHICAL  NoTK 


J')7 


liglit  upon  tlic  detailed  iiitcrpretatioti  and  adininistraliim  .,f  l\w  vari.ni-  lawv 
Works  of  this  kind  are  the  nutncruus  editions  of  the  /  ,rt  j  of  the  i'nucd 
States  Governing  the  Oranlinj  of  .trmy  ami  Xai'y  I'eusinns  loyether  teith 
Hciutations  Relating  Thereto  anil  tlic  many  volumo  of  De.iiions  of  the  De- 
partment of  the  Interior  in  Appealed  Pension  and  Hountx-I.and  Claims. 
From  time  to  time  the  Commissioner  of  IVnsiims  lia^  alM)  prepared  special 
reports  on  matters  of  current  importance  to  lie  transmitted  to  ConKress. 
The  views  of  the  Presidents  of  the  United  States  OTI  the  pension  policy  of 
the  government  are  frequently  expressed  in  tlieir  annual  inessaKcs  to  Congress 

At  times  important  decisions  affecting  the  pension  system  and  the  admin- 
istration of  the  pension  laws  have  been  made  by  the  judicial  branch  of  the 
federal  government.  They  are  to  be  found  in  the  official  Reports  of  Case^ 
Argued  and  Adjudiied  in  the  Supreme  Court  of  the  United  States,  and  in  the 
reports  of  cases  adjudged  in  inferior  federal  court-. 

For  a  knowledge  of  the  elTorts  of  the  organized  Civil  War  soldiers  to 
promote  pension  legislation,  an  indispensable  source  is  the  set  of  Journals,  ete., 
of  the  annual  national  encampments  of  the  Grand  -Army  of  the  Republic 
from  1878  to  the  present  time.  The  Grand  .Army  began  to  e.xpress  an  interest 
in  pension  matters  in  1878,  and  in  1881  organized  a  Committee  on  Pension^ 
which  thereafter  represented  the  claims  of  the  veterans  and  their  dependent 
relatives  before  Congress  and  the  President.  The  annual  Journal  contains 
the  report  of  the  Committee  on  Pensions,  and  the  debates  and  resolutions 
of  the  national  encampment. 

The  activities  of  claim  agents  in  agitating  for  e.xtravagant  pension  grants 
are  best  illustrated  in  the  tiles  of  the  Xational  Tribune  (Washington.  D.  C, 
1877,  to  the  present),  a  paper  established  in  October,  1877,  by  George  E. 
Lemon,  who  became  the  most  powerful  pension  attorney  in  Washington. 
The  Xational  Tribune  was  at  first  a  monthly  and  later  a  weekly.  It  secured 
official  endorsement  from  the  Grand  .Army  of  the  Republic,  systematically 
promoted  the  organization  of  Grand  Army  posts,  gained  a  very  large  na- 
tional circulation,  and  urged  the  pensioners  and  claimants  to  use  their  votes 
to  force  parties  and  candidates  to  favor  pension  legislation.  There  have  been 
from  time  to  time  many  other  soldiers'  and  claim  agents'  publications,  but  of 
less  circulation  and  infli-ence. 

In  the  preparation  of  this  work,  several  hundred  newspaper  and  magazine 
articles,  editorials,  sermons,  published  letters,  public  addresses,  and  pam- 
phlets have  been  examined.  For  the  most  part  they  are  of  value  a^  reflectin;..( 
various  pha-es  of  current  opinion  regarding  the  pension  syst^rm  rather  tlian 
for  t.ustworthy  information.  .A  considerable  proportion  of  such  material 
has  practically  no  permanent  value.  The  best  founded  and  most  dainaging 
attacks  upon  the  evils  of  the  pension  system  tliat  have  appeared  in  any  ma'j;a- 
zine  in  recent  years  may  be  found  in  World's  U'orh  for  191(1,  1911,  and  1912. 
Under  the  title  "The  Pension  Carnival."  \  liani  Rayard  Hale  (assisted  by 
.Albert  Sonnieh-en  ai.d  t.loyd  Dorsey  Willi- i  wrote  a  s<-rte';  of  six  illu-- 
trated  articles  nn  the  pension  system  in  <iicces-ive  numbers  of  t!', old's  ll'ork 
from  October.  1910.  to  March.   1911.     These  articles  were  written   in  popular 


^^?r7^^u5i43^^^^?^a& 


C'f^  ■-■^^'<.'!if:. 


■^1^' 


•I  •:-.%« rt'J^'.'l'/atifl 


298  FEDERAL  MILITARY  PENSIONS  L\  THE  UNITED  STATES 

style,  exposed  the  weak  puints  in  the  pciiMcn  ^yst^•m,  and  gave  numerous 
concrete  cxampU-;  of  abuses.  Later,  (untral  Charlie  Francis  Adams,  who 
served  with  distinction  in  the  Union  army  (hiring  the  Civil  War,  wrote  (or 
U'rrld's  ll'ork  a  series  of  three  articles,  published  in  December,  1911,  Janu- 
ary, 1912,  and  February,  1912.  under  the  general  title  "I'ension.s— Worse  and 
More  of  Them."  These  articles  were  afterward  published  by  World's  IVork 
in  a  pamphlet  entitled  7Vn-  Cifit-H'ar  ffitston  Lack-of-Systtin.  General 
-Adams's  severe  but  warranted  arraignment  of  the  federal  pension  system 
gained  force  from  his  national  reputation  as  historian  and  publicist. 

It  is  hoped  that  other  material  used  in  the  preparation  of  this  book  is 
sufficiently  indicated  in  the  numerous  footnotes.  However,  the  following 
v(-liimes  deserve  especial  mention  as  of  importance  in  the  study  of  the 
L'i'.ited  States  pension  system  : 

Hurcau  of  /V»m.,i»i.s,  lis  O/H.crs  and  Their  Duties.  The  Manner  in  Which 
the  Work  of  .Adjudicating  Gaims  Is  I'erformed.  Prepared  by  direction  and 
under  the  supervision  of  the  Commissioner.  Washington,  189.^.  An  untech- 
nical  account  of  the  organization  of  the  Bureau  of  Tensions  and  its  methods 
e  f  doing  business. 

Glasson,  William  Henry.  History  of  Military  I'rnsion  Legislation  in  the 
I'ni'cd  Stati-s.  Columbia  University  Studies  in  History.  Eronomics  and 
Public  Law.    New  York,  1900. 

Governmental  Provisions  in  the  Cnited  Slates  and  forciipi  Countries  for 
Members  of  the  Military  I'orees  and  The:r  Defcndents.  Prepared  in  the 
Children's  Bureau  of  tin-  Department  of  Labor  by  a  number  of  investigators 
under  the  direction  of  Captain  S.  Herbert  Wolfe.  Washington.  1917.  A 
useful  compilation  of  facts  with  regar<l  to  the  military  pension  provisions 
of  the  United  States  and  the  leading  foreign  countries.  There  arc  also 
many  diagrams,  statistical  tables,  and  references  to  sources  of  informaticjn. 

Oliver,  John  William.  History  of  the  Civil  War  Military  Pensions.  iS6i- 
iS<\\^.  Bulletin  of  the  Univer-ity  of  Wisce)nMn.  \o.  8-R  Madison,  Wisconsin, 
1917.  .\  detailed  and  valuable  study  of  the  United  States  pension  system 
between  1861  and  1885. 

.■J  Treatise  o'l  the  Praetiee  of  the  Pension  Bureau  Governing  the  .tdjudica- 
tion  of  .Irmy  and  Xavy  Pen.rions.  Comiiiled  by  order  of  the  Commissioner 
of  Pensions  under  the  authority  of  the  Secretary  of  the  Interior.  Washing- 
ton. 1898.  This  work  is  invaluable  to  one  wlio  wishes  to  understand  the  actual 
procedure  at  the  time  in  presenting  and  estalili»hinc  the  validity  of  claims 
bcf. -re  the  BiTean  of  Pensions. 


§^^^M^^:-M'J^^^^:ks6^'^  ^xM^V' 


INDEX 


AbusM,  jf^  frauds  and  ahtisoi. 

Act  of  .Inne  J7,   l^'Vij.  jcf   I  tisahihtv   J'rTi>-ion 

Act  of  inyu. 

Alt  I'f  lyU'  (aKf  ami  scrvu<->,  pi.-vi'.i.in'- 
t.f.  JSH;  ctffct  ..f.  J5'/:  .ictivitits  <J 
t;.   A.   R.  in  ^piurinK,  ^60. 

Adain?s.    luhn.    IV,    JO. 

Ailanis.  John   Ouint.y,   51.   7.!.   H5. 

Adams,  Samuel.  48, 

Administraiuiii :  tiy  states,  22,  Jj;  by  Secri- 
tary  of  the  Trt-asury,  51 ;  by  Si-crctary 
of  War.  51.  75,  t^S;  in  circuit  courts,  56; 
by  Srcrctary  of  the  Inttri'T.  U8,  IJH, 
135,   227.   22H;  com   of,   270. 

Af[i-and«*ervice  |>enhions :  Mexicai.  War, 
117.  IIH.  247,  250,  J^^;  Civil  War,  \2b. 
J,(J.    24}.    24b.    247.    J44.    J5K.    J5'>,    J60. 

Agents,  claim,  jc;  Attorneys   nnd  aKcnts. 

Application,  date  of,  av  alffcting  pensions. 
126.   152. 

Army  Nurse  Cnrp^.  insurance  for,  292. 

Army  i»ension  fumi.  proiKiseJ  by  Ci-n'iniis- 
sioner   Harrett.   1U5. 

Arrcyrs.  early  claims  for,  21;  unfavorable 
report  on.  61:  allowance  of,  under  act  ot 
]**62,  93,  152;  amounts  paid  to  navy  un- 
der act  of  ll"i7.  104;  provisions  in  C"on- 
si'lidaiion  Act,  140;  agitation  for.  1  ^'K 
provisions  ui  proposed  mt-a-ure,  151;  j  to- 
visions  in  various  acts.  I  .'2;  five-year 
limit  at  ion  tlisc\i>sed.  I  ^  J  1?5  ;  action  in 
tongrcss.  156- 163;  aifitation  for,  among 
ilaim  ayi-nt"^.  149.  156.  I:i7;  ^irovi'^ion';  ot 
Arr-ars  Act.  164,  165;  Commissioner 
Hentley's  est. mate  of  cost.  163.  167.  175; 
frauds.  168.  175;  appropriations  for.  169- 
172;  agents'  jTofits,  174;  exi»eii<i'tiires, 
175.  176.  177,  17H;  etTorts  to  repeal  limi- 
tation. 1^6.  199;  i)ariial  repeal.  200; 
statistics.   20J. 

Arrt  ars  legi'-lation.  anit,:!ion  ftir.  150;  Act 
of  lulv  27.  1J'6M,  152;  Consolidation  Act. 
1:3'-.  Arrears  Act.  .Ian.  2S.  1879,  163. 
.Arrears  Appropriation  Act.  177;  act  ot 
June  7.    IHHS.  200. 

Attofiieys  and  agent*;,  activities  of.  for  War 
of  1^12  penMiins.  JIO;  method^  nf.  criti- 
cised by  Commisviuncr  I*entley.  149;  a«i- 
t,-iT:(in  of.  for  increa-'t  'I  i>e"*'i'*n>.  M''. 
150.  156.  157;  barred  from  coini-ensa- 
tion  in  arrears  application.  15H,  165; 
evasions  and  violation';  liy.  166;  iTotits 
iind*T  Arrears  Act.  174.  17)<;  ("ommis- 
*.ioner  Hentlev  attacked  by.  17K;  criti- 
cised   in    C'ongrr^s.    194.    ;'^,    215-217. 

Attorneys'  fees,  untie r  gen.  '  law.  12H ; 
under  act  of  1890,  2^^:  under  Arrears 
Act.  158.  '.65. 

Attorncvs  Ceneral.  act'ons  of:  Randolph, 
58.   5Q;  Pradforil,   ?9. 

Aviation,  dorble  pen^iinn  for  death  or  dis- 
ability cau'-ed  by.  143. 

.\iiiomatic    increase   in    pension,   260. 

Automatic   insurance.   2^3. 

Rakeman.  lian'I  F..  la^t  KevoIntior..-iry  sur- 
vivor, 03.  ^    ,^ 

Rakif.  James  II..  (  >  mmi<:sioncr  of  >  en- 
-i(  ns."  reports  .  f,  cnnccrninE:  ^ervicc- 
[  en-^ions,  05.  rates  for  s^eiitic  disaMMtic-. 


131.    Codification    of    pension    laws.    132. 
t.!aims    for    rbsease,    1=^3, 

Tarrctt,  Joseph  H..  (■oniinis>.."npr  of  Pen- 
sions, report  of.  on  navy  priisi,.n  fund. 
104;  army  pensi.in  fund  protH.<*ed  by, 
105;  coninunis  ot.  on  law  of  IK62  128, 
I2y. 

Heck.  Senator  James  It.,  argument  of,  for 
repeal  of  Arrears  .\ct.  177.  note  1;  pub- 
lication of  pension  list  called  for  by, 
182;  speech  of,  against  disability  pension 
bill,  22(1;  discussion    if  t.irrT  rrforni.  222. 

Itell.  John.  ser\  ice-pensions  opposed  by,   7*>. 

ItentUy.  James  .\..  Conimi-si,>ner  oi  Pen- 
sions. rejKtrts  of.  co-uerninn:  methods 
of  pension  agents.  14'),  I7y ;  esiimatfd 
cost  ,f  .ir rears  bill.  163.  lf)7.  175;  at- 
torneys' fees.  166.  not  1  :  frnuds.  IfiS, 
17\  176;  attack  on.  by  .VatiMnnl  Tribune. 
178;  investigation  of  adnnnistration  of, 
179. 

Mihliographic.?!   Not*.  216. 

Hlack,  (ien.  John  ("..  Commis-^inner  of  Pen- 
sions, report  of,  on  ctasMfied  disabilities, 
138;  staiemi-nt  of,  on  e\;>enditiir.-  fo. 
arrears  ui>  In  I8S5,  177,  }'i^\  a!'p"intment 
of,  19H;  recommen'Iatiors  ,nnd  cstiniate' 
of.  199.  200.  war  record  of.  JJ4:  special 
pension.  224;  later  ['osiiions.  224.  note  4; 
criticism.  224.  note  5;  rt  ci'inniendation*. 
as  commander-in-cliief.  (i.  A.  H,.  24S; 
record  as  Comnii-'xiMTr.   214. 

Hlaine.  lames  Cj.,  nominated  on  soldiers' 
ticket. "190, 

r.lai  d.  Col.  Theodoric,  i>rop.isa's  for  benefit 
of  officers    presented  by.  24. 

Hloomfield,  (ien.  Joseph,  report  of.  to 
House  of  Kepresem.itu  i^-s  on  limited 
service-ix-nsitn    bill.    1'-^]^.   65, 

Ib.uldin.  Ke|>resentative,  jH-n-i  'tis  opposed 
by.    79.   83. 

I'raJord,  Wm,.  alt'  rnev  ffi*ner.il.  action  of. 
in  case  of   V.ile  Todd.   5**. 

HraiiB,  Ccn.  K.  S.,  soeech  of.  supjiorting 
veto  of  IVtM-ndent  Pension  Pill.  2'-';  ar- 
Ciment  of.  with  Reprcscnt.nti\c  Hender 
son.  2\>. 
i  Prothers.  provision  for.  under  Rcncral  law 
•iytem.  130,  140;  under  War  Tp«urance 
I         r.aw,  287.  289. 

I     l^ickner.   Sen.itor.   opp.'sili -n   of,   to  service- 
I         pensions,  81. 

1    C.-ilhoun.    John    C,.    Secritarv    of    A*ar.    re- 
ports of,  concerning:   frauds,    70.  numlier 

I         and    cost    of   iien^ioris   m    1823.    73.    74. 

,    Cannon.     Tosei'li.    spepcli     of.    fnvo^^ring    ex- 
Tu-nditures    f.>r    pensions.    222;    Sherwoon 

I         bill   s,„,p„rle<i   by.   257, 

'■    Cass.    Lewis.    Secretary    of    War.    rost    ot 

j.ensior.s    in    183.*,    repi'rted    by.    S3:    Pen- 

'l(.n    Office    recommended    by,    85;    frauds 

discussed  bv.  80. 

n-arle-:     TI.     Clu-Uea    Hospital     established 

bv.  n. 
Oie!=ea      Hospital,      established.      11;      out- 

'  (  rst..ner>-.     12. 
C;rc-ntKiti.    Society    of.     UT    Society    of    the 
C■ncinIl.^ti. 


■^-v 


300 


INDi:X 


llriiiit  riiiiil-.  I').  50.  ,lulii-»  ul.  iimlir  ail 
.1  17''-'.  -6:  prwitM,  I,),  Sh.  17,  rrfunl 
I"    dt  t.    S7. 

L'i\il  VVai.  I'liuiial  li-Ki«laiiun  ■>(:  ginpral 
Uw  »y«.i-iu  l.puii.lnl  hy  at  ul  l«()J,  l.M. 
an  "i  July  J7.  l!'6!<.  ISJ,  C.ii.Mli.lali.iti 
Act,  l.ij;  Arrears  Ail,  Id.!.  Arrrarn 
ApiTni'rialiiiri  Ai;.  17";  Di-ahility  1'.  ii- 
Mnn  Act,  J.U,  wi.low,^'  i.rri^ii.u  act,  JSl, 
,it  t    .,t    1'*1J,   ,.'^M;    privalp    acts.   J75, 

flaitn    .iKtiif--.    .(,'.•    Altf-rnfys    ,iii.i    aycnt,,. 

llay,  Hcrirv,  claitns  .-f  Kcc.hni.iuary  sul- 
illrrs.    ailvicati'il    hy.    HI. 

Clcvclarnt.       i;r..VCr.       vetncn      nf,       (tl*CllH«c(|. 

117.  1''-'.  Jill.  J7I';  iiirs«,i|<.-  nf.  rrcni- 
iiienclinK  t  "n-iclprali-ii.  Jil7.  jnH ;  Iins- 
tility  tn,  J17.  J.'.'.  J7H,  nnte  J:  n,,iiunali'il 
f'lr  re  cicctlt'ti,  JJ.l  ;  -Iftcat  >'i,  -'-'5. 
••I'Piial  actc  •iiirimt  .i»linMiistr.ili"ri  nf,  J7''. 
('ndtticatii)n   nf   ceiiMnn    law,,    rrcnmmfn'ifU 

fiy  t'nmmis'.inrur  {taker,  U_*. 
Cnlnnjal  prnMnii  la\c»  \iiK"iia  (  nmpany. 
1.1,  \'irKtllia  Knyal  I'olnnv,  l.t;  I'lyinnutli 
Cnl'inv,  14;  Mas^-aclui^rtr-  liav  tnlnr.y, 
14;  Marylanil.  l.i;  New  V..rk,  16,  Khmlc 
l»lan.l,  Ih. 
Cnmhinatinfi   nf   sluht    ifiHabihtit  s,   J39;   act 

|'rnvnliii(C  fnr.  J4J, 
I'nmmatuhrH  ITI  t'lmf,  (i.  A.  K,.  prnsion  ac 
tivilir«  nf  Hralh.  IS');  lilack.  .'4.'<; 
Hn.»n.  J5(l;  lairclnl.l.  -MJ;  Merrill.  ISK; 
Rnhinsnn.  It>ll;  TanTicr.  1x1.  Ixc,  JIH, 
nntc  1,  J4y;  Tnrr.ince,  _'4  ^ ,  \'an  l>cr- 
vnnrt.  ISJ,  1««,  l'i6,  J17,  nntc  1;  WaK- 
ncr,  IHK. 
t'nnimisvindrr  nf  IVnsinns,  a|i|>nintnicnt  nf, 
rccnmnieiulril,  H6;  t'lrvt  apt'nintcc,  S7 : 
salary  of  tlS.t.tt,  Mh;  rate  tixiu^  pi'Wcr^ 
nf.  1.15.  J.fi.  .Mil.  J4'(, 
I'uniniissiniicrs  nf  i'liivjnns.  lepnrts,  rtcnni- 
nienilatcnns.  ilc,  nf-  FSakt-r.  'IS.  I.<1,  l.lj, 
153;  Itarrrtt,  104,  105.  iji);  ll|.i,|<.  l.lK. 
177,  19S,  IV),  JnO;  lltntlcv.  14il.  16.1, 
166,  nntc  I.  167.  16H,  174.  17^  176,  17». 
179,  ISO;  Davenport,  J5');  IIilIIcv,  ISl, 
IMJ.  l.-.s.  note  .1,  I'Jn.  1<)7,  l'(S;  K<i»ard^ 
."fH;  Kvan»,  Jill.  J41  J46;  I.ochren,  .'40. 
J41:  Rauni.  .'JH.  _'.17.  .'40.  .'41;  Tanner, 
:2ft.  :.'7,  -'.'H;  Ware.  .'46. 
Committee  on  I'ensinns.  ti.  A.  R.,  recni- 
menilc'l.  IHl;  appomtcl,  1S6;  prnnram 
nf  pensinn  legislation  i-repareil  by.  IS.S; 
memorial  tn  Cnnsress.  1M9;  official  I  ti-T 
of,  asking  for  petitinns  In  Coniircss.  .'!.'; 
Mander'snn  hill,  endnrse'i  I'v.  _'J0;  I",  t". 
Matson  arrai«nr'l  hy.  JJl;  c;il!s  nn  Har- 
rison, J?J6:  (iisahilitv  hil!  pri-i-.-ircl  hv,  in 
iHl"l.  .'."';  al'oears  hefnrc-  Cnnur.-ss  nn 
.^ct  nf  l.'<9ll.  _>,1.';  act  nf  l.«')0  apprnve.l 
by,  J.1.1;  action  of.  in  tu-half  nf  st-r*  ice 
law,  246;  nu-r<  as,  m  nnlnw-'  pensinn 
adv'-cate'l  by.  .''d;  actuities  ,  f.  in  c-n 
nectinn  with  act  nf  191.'.  .?54.  .'(,0;  ,\lc- 
C'nm'icr  hill  t-ndnrsi-d  bv,  .'57, 
CnTiun-.itatinii  Ac!  I  K'^.U.  'prnpnscil  hv  Kh- 
I'lab-t  llv.-r.  41.  irnvisinns  nf.  41;  h..s- 
tillty  tn.  4,V  14.  47;  nllnld  hv  .N'nah  Weh- 
-Icr.  4^.  4.S;  ic:.-rl  nil.  h\  .S(-crtt;trv  --f 
^  War.   4'1 

CnnniiMIati-'n  ,f  li.-ilf  t.;iv.  applicalmn  fnr. 
.15;  o'.pns.d  bv;  I'nnnccliciit,  .'S.  44.  4". 
46.  47;  Mas-nchilsctls.  .15.  4,1.  47;  NVw 
Il-imosbnc,  40;  \rw  Irrvi-v.  tO ;  Hhndc- 
Tslan'l.  t'',  ,P',  411;  ilehal.s  .m.  .I'l;  niiiii-  ■ 
her  ciititleil  !■>.  49. 
Cnmin'it,-itinM  c(-riitic;itcs,  i-^nc  1  in  17s'4. 
49;      pr.>\isinns     f.r     I  cd-nipti-.n     nf.     50; 


I  resident    Jnhn    Uuiiiry    A'laim'    retom- 
iiieiidalion»   fnr  payment   .>f.   51, 

I  niikliiiK,  .^enatnr  Rn»c..e,  .listunmnn  by, 
C.111. ,  rniiiii   .\rrrars   ,'\it,   170. 

I'nns.li.laiinn  .\ct  I  March  1,  1M7.1),  recnm- 
nil  ndr.l  by  t  nmmiuionrr  llakcr,  132. 
Ill  w  |,rniisTnn<.  1.14;  rale  timnu  power 
nl  CnmmisMnner  under,  1J5;  provisioni 
f.ii  »i.|n»,  ami  orphans,  MO;  live  year*' 
liniitation,   I5J. 

(  ■iiilinenial  t  nn)(re«»,  principal  legnlation 
nf_  hrst  national  pension  law.  Auk,  J6, 
1776.  JO;  coinprnmne  measure.  May  IS, 
177,'<,  .tO;  first  national  provuuon  for 
vMdowi  and  orphans,  .Kug  J4.  17H0,  3.1; 
•  ■"iiimiilalinM  Act.  March  JJ,  17NJ.  41- 
hnal    resolutions.    .Iiine    11,    17HH.    2.'. 

t  I  St  r,f  pensions,  r,-,-  Kxpenditurcs ;  j/rr» 
rstatistical    tables, 

Ciilloni   bill,   19J. 

(tiinmiiiKs   bill.    I  5H, 

("iiinminKs.  Representative  Henry  f,  R,, 
c'lnneclinn  of,  with  arrears  hill,  15R,  159, 
165, 

lushing.  Wm,.  AsKicnte  Justice,  protest 
''f,   56, 

IMmon,    Ksther   .S..    last    widow    of    Reyolu- 

imiiary   s.d.lier.   94. 
Havcnp.irl,  James  I...  lommissioner  of  Ten- 
V^,""'  '^"*'   "'   *"    "f    ''"-'   "tiraaled   by, 
I 'avis,  JclTerson,    171. 
Haws     Senator,   dependent    pension    bill   in- 

Iro.luceii   by,    J30. 
•Iicpendence  clause"  in  pension   legislation 

1',   <4,   J05,  J  IK,  J  JO,   JJ9,  i)>,  236 
In  pen. lent      pension      hill,      introduced      in 
House  in   1»S7,  JoS;   Senate  hill  more  lib- 
eral.   J09;   vetoe.l  hy  lleveland,  210.  278; 
(  leveianil's    vet'>    inrssage    on.    JlO-.IJ 
Hcpendcnt      relatives,      si-c      Relatives,"   de- 
I         pendent,    provisions    for. 
I     Hcsenion,    bar    to    pensions.    6.1;    ch.i  of 

removed   by   sjK-cial   acts.    276,    nop 
I'evelnpment  nf  invalid-i^ension  systcn;     I '9 
I     lliiiiniick     fapl.     K.    A.,    lohbyinR    ,lctinlies 
,         of,    l.s7,    note     1,    159,    note    2.    161,    166, 

note    I. 
I     Hi-ahiliiies,     specilic.    j,-,-     S|>ecitic     di-ahili- 
I        tiea. 

i     hi.ahiliiy    Tension     \ct    ot    lK9n.    ;iclvncaled 

hy     Tresident    Harris. ,n.    JJ9;    inlrn.hiccd 

■        hy    Senatnr    Havis.    J.ii);    passed    bv    Sen- 

1         ate.  J31;   suhstiiute  bill   passed  bv   ll.'use, 

I         J.IJ;    I'nnferencc   t'nmmillee's    bill    signed 

lime     27,     1,M.I0,     2,1.1;     c.'st     of.    cslira.lteil, 

2.1.1;    pr.,visi,in<    nf,    2.14.    2J5;    .ibjectmn- 

j         able    features    ..f,    236;    exp,  .idiliires    un- 

I         cicr,   23S,    252,   270;    develnpmenl    ..f    svs- 

I         teni     uniler,     262;     m.'St     c.islly     pensi.'n 

!  law,   270, 

;     111  ability    without     rmar.t     t.» 

si.in  f.'r,  JII4,   210.  270, 

I  iishiirsenieius     |,er     capita     anmnkr     states, 

I'lio.  map  sli.ovinK.  J6S;  aiiiniin's  ,1.  269, 

hiseases.    rates    for,     1,16;    clas.iticati..ii    .if. 

I.IX;    pen-ioiis    fm.    reuar.lless    nl    nrm'in. 

'         204.    211).    270 

l>i-l..yallv.    111.    117.    127.  note   1. 

I  iistributi.'n     in     states     ..f      peiisi..ns.     per 

.  niila.  267.  269;  map  sh.iwinir,   Jh.i^ 
hfvnrce,     effect     nf,     on     wi. loves*     peiisi.'ns. 

1 12.    261 
I'oMar  ,1  .!av   p.  n-inn.   .'5.1. 
!i,,-,,l,'e  ;.en-i-.ii   f-T  .IciJi  m   ,li,ahiliiv   from 
avian-. n    .hit)-,    14.1. 


nriKin.     pin- 


INDI  X 


TOl 


l)U..tU.     .Ullll-.     I>t>.tr-t     nt.     '-r,.  ! 

biKllty,  ImI.  \\.  \V..  j;.p.Mrilt«!  I  .nimii*  I 
fciiMUT     '  f     rceiMi'if-,     ihl  i     rcpi.rt    -'t.     •  n 

si'ii  Uni-liiniTi.  l^f.  .iitrnini-frati'.n  ••i,  ' 
.iiu.  liol.  \f^.  11' -I-  .*.  (a\.'raMf  i-'in-  i 
nitiii  nt.  nti  \\'.iriii-r  l.i!l.  T'O.  jili\iiif«  -, 
.  (,  in  ,lrili..ii>,  I'-7.  I--* 
l>>ir,  Kli|>li.iUt,  .I'lopti'  n  I  i  I '>tiiriMil.ii|iiti  I 
I  i"p,,siii.iii  I  rtvintfil  liv.  41.  lit  v  I  liiii 
■  Mlrri-.l  l.y.    II, 

K'lwanls.    Janif*    I,,    hi""!    ('Miinni--i.'ncr    »t 

Kli/alitlli.  ^hii-fii   Ml    KriKlaii'l,   nn-i-in-  iliii 
in«   rflK"   "*.   ■'- 

KiTil'l'iyr-*    I'f     ^^n^lnll     Hurrtu,    ^7  ,    iniiiual 

aitiMtH*^  ..f.    l'*--:   fraiii!'.  a wu,   l'*',   r« 

r.itiriK-    .if.    JJ7 ,    tt  nii'iT.ii  y    iru  n.i^i  -    in 

r.ro-  of.  :^'>.  I 

Kiik-li^li    lf«i>l.iti-ii,    (ir^i    l.iu     n^''j.(t.    'I,    ' 

^tatllU-    uf      I*)Ul,      Kt.     .lit     nt      IMi-,     I  I.  I 

t  nk;li».li  iiriisiiin* ;  in  t- Ii/.itul  li\  rti^n,  '/ ,  i 
'lunnk'  t '"nitiiinwi  altli  .in. I  .ittir  Ui-'^ia  ; 
ti  .n,  I  )  .  lialf  1  av.  I.'.  ><■-■  a.>.-  »  t  .  i-<a  ' 
llMM'ital.  > 

K\an^.  II.  <  l.'.v.  (.'.  iiinu--i,Mur  n|  I',  n- 
mmmn.  ri'iiurt  ot.  on  .iln-t-,  Jn!  .  ^n  a'l 
mitn--lr  ition  ..f  aft  .1  U'"',  .Nl.  JiJ,  in 
in  pi  It  at  1.  11  I'V  .  .if  in  t  .1  I ''nil,  .:4,1 :  m 
^trm'tn.n'.  I'V,  til  f  V  anil  111  rii.'  -  u'  i'l  ■  ii^.  .'  1.1 ;  ! 
inlin>{  hy,  nn  unluws'  p,  ri^i.M  ,  Jt-l,  1., 
A.  K '•;  attack  i-ri.  J44,  nj.  1,  J4^: 
u  .-iKtiatiin  of.  J45 .  apinjintt .[  n  n-nl 
Bcncral    at    l.omloti,   J46. 

K\iU    I'f    |n-n  loll    -^v.i.m.    n:.    JJ7.    JJ'J. 

Kx|-aii»«inii  ut  in.ii;»ioti  systrni.  person'  it?  1 
tiTf^lcil     in.     2(>b :     riM-nn-^     f.r     nuh  iTtr.     ! 

ftu'f  to,  .:u'f.  \ 

Kxin  tnliUin  .  urtatt-vt  annnal.  -'''';  crTct  t  j 
iif.    in   ihlhrt-M    part-;  of  the  lonntrv.   Jt->7 . 

hxprn'titnrf- :  k(\  olnlioii;irv  War,  IT'JJ.  J,': 
IS16.  (i-t;  ISIJ-JJ.  74;  1«JJ.  75;  lM.13.  K.' . 
IS.14.  S'*;  total.  ^iT',  '>6;  ^l■^;vlIar  nuW 
pctiHoiis.  1116;  War  of  ISlJ.  UJ,  11.1; 
Inlian  Wars.  115;  y.xi.aii  War.  1 1  > ; 
lull  War.  1^70  Wlfj.  IJJ;  IMM.  1:4; 
nmler  k(  iht.'.I  law.  144;  IH7.'-7f'.  14N; 
arrears  in  1^*7  J.  I  .^J.  noic  J;  IKHO.  17!^; 
IM.^S  !77.  l->;  1?<7'J-SJ.  !>;_';  1S77  •*'>. 
JO.^;  (iTi'irr  art  of  IHW,  J.IH.  J.IJ,  J7I'; 
r>07.  J51;  l*JiiH  ()'>.  J^i;  \U]2.  J=;<l;  m;i\- 
iimim  in  I'vl.l.  J?**;  iH'inl '*!".  .V..';  War 
witli  >iain  ami  I'hilij'piTif  Inviirr'-t. tmn. 
145,  rt-K'iilar  unny  ptiisioii-,,  140.  .ill  r\- 
pt-nditu't"'  ^nur  If^t,'^.  _*7(l;  ftoni  IN'' I 
lo  I'JOr;  J7l(;  frnrii  1S66  to  1917,  J7 ^  : 
all    \\:irs.    J74;    special    act-.    27't,    2i^ii. 

l-'atluf-,  piovi-iioM  for.  nti'If  r  u^iitral  Iriw 
WHtcin,    l.''i;    utntt-r    War    Ii;-tiranif    I  ,i'A . 

/ss. 

Fcilrral    iniiiTf^,    protests    of.    ?6.    57;    thitic<. 

Mi. 
!■>(".    of    pen-ion    nttoriiev'..     K\*-'.     I  *S,     !fo, 

U.(S.   not,     1;   _VV5.  _ 
I'inaniial    etTeets    of    ptii-ion    -v-tr'n,    Jt-T- 

274. 
l-'ii  -.t    C'-Tirral    law     iimltT    the    ( ■nn-tit'iti-T'. 

I'irsT    law    for    whiows.    ^^. 
i'ir«t   national    pen-ion   law.    JTl, 
I'ir-t   -ervirt   tifii-ion.  it  I'l-.-t  .1  hv    I're-i'ient 
Mi.nroc.     f.5:     sp*'efh     liv     Scn-tNT     Wm. 

Smith      nppoviiie.     M.      pro\.  ivi.mi;     of.     (t?  : 
al'n-rs   ami    fr;ri.i-.   dS ;    op-.f-iti'  n    to,    6S ;     I 
'iefen^f  of.   60.  I 


t  il/Kei  .ii'!.    .N      W..    t.l.nni    avrrnt    anil    fditor 
.(   (  Hi/.  II   SoMur,    Mr..    U,f.,    r-u    1.   Jld. 
notr     I. 
I  ur  V.  .ii     iiiniiaii.fi     of     .(It-     of     iShH     an.! 

IH7  1,       I  -I  J.       I  '- J  ;      applli  Jtinti      lu      wkIi'Wh' 

iL.Mii-.  14.  liv|iotlnti.  j|  tJ^r.  I^S;  rf 
fori-  to  rtp.-.,l,  Ihf,.  1H7.  I'/'*,  partial 
Kiial.    J(HI 

loot.  Sfnati.r,  *oiu»Ttlon  t>f,  with  Kevo- 
hitiii..trv    -.  I  \  n  e  |i«  n-h'ii-.    ••u.    >*.;, 

1  r.nnl.  ami  al-n*.  •»  nn'ler  .ait  of  1«IM. 
f'"  7 1  .  in  l.-.U,  ><7.  (.'onmns^ioiHT  Kil 
wat.U'  r.port  on,  HS;  reeontnun'l.ilions 
.iM'l  ili^.  ii-Moii,  S'J'JI.  «.[..» i.il  .iKfiil  aj.- 
I  oiiite-l  to  .letitt  ami  pin-t.  uti.  l.'M; 
( ■oTnnu-«ioiicr  I'ent  ley's  efforts  |o  pit- 
vMit.  16-1;  nn'ler  Arrt-ar-  .\ii,  ]f.x,  17'i. 
.nniinf  es.iiMMu  1  s  ,Mbl  eini  I  'Vis,  1'''* . 
niiiU  t    ait    iif    iN.-^s.   jnj. 


(.  otnniii 


(..     \      K.     IVnMoii    I  ,  :iimitti-. 
tee    '■!!     IVllMon-.    I.       \      \< 

'"  A  K,  t;r-l  aitum.H  ■•i.  rewanlinK  i  .  n- 
VI'  i:'-.  Ift'l,  |MI;  no!i.),,irtiv.iii-<!iii.  ut.  a't- 
\  o.  ,ite'l.  IH.I;  repre-.fiitaiion  ot,  in  (  on- 
LOi--,  l^f,,  attitmU-  of  eoiKerninf;  ser* 
\  ur  ITIIMon-,  JMi;;  tio^tiiiiy  nt.  towjml 
i'n  solrnt  t  lev  clam!,  Jl  7  .  critu  i/el  hy 
Senator  \e-t.  ,'J'i.  n.te  4;  larnitr  ap- 
ir-'ve'l  liy.  JJtt  Jj'i.  n.  t<  1.  .ut  "(  I'^•M). 
,il.i.i\e.l  hv.  J.t.t;  uilow^'  peiiMun.  .i.ke.l 
It  l>v.  J14 .  .Ktiv  itie-  I  r  -er\  ive  |>f  n- 
Mon>.  _4(i.  J4'^  J  »,  ml,  ,.M-t!i.  i)-  ot. 
lU  V,  iiIm-.1  I.v  i'.vn  .-);,  r  ■.\o...|.  .' ^  ;  ;  pre-ei-l 
t  I  n.ltlion  of.  J'lt, 

daihel'I.  (ien  laiiie-.  \,.  p»-nMoii  mpi  ..pi  ;a- 
tinn    lull.     IK7J.    .  xplain.  <l    l.y.    I4y. 

<!emr,it  law  system,  ioutnteil.  I. '5;  ratr* 
nmtiT.  IJA;  provi-.u'iTi  for  wi.Ii.ws  antl 
.!(•!  emient  relative-,  IJ?1_'7.  I '-'i  14.'.  IH. 
urneral  re-ults  of.  I  _'S.  IJ't;  pi  %  i-n  n-. 
t.r  -.j.ecilii  'll'alillitiev.  |.!fi.  foi  iti-ea-.i  ■, 
l.'fi;  ,if  itlir.iti'ns  nii  N-r,  14,1:  -tati  in -, 
144.  J71.  J7J,  iK-iria-r  of  pcn-i.iti^  iit.'ler. 

( '.'  nt  r,tl     law     wi'low  -    arni     ■'•■pi.  iMlcnl     r-  la- 

li\.  -.    1J6.    l.^g. 
i.oMiMii,    Stiiat'ir    Art!:iir     I',,    av  t    of    1>'*0 

.liscu>^e.l  l.y.  J.V^. 
( .rant.     I'lv'-es     S.,     >i  e»i,i!      petiNion      act* 

Mioe.l    hv.    171. 
( Ireeiif.      Natlianarl.      >  ori  ■•-non.Ieni.e      with 
l.'lin    A.t.mi-.    urniii^;    di-al'ilitv    penMoii-. 

"l",    JO. 
Cti.^vfnor.    Cen     C.     II.,    ineiiil-ei     .f    (i.    A. 

K      Cotnnntteo    or.     I'fiiM.  .ti-^,     ISS ,     m  tni 

natf«|   to   (■onL:re--,    l'"',    note   .' , 

Half  lav  ■  in  Kn^zL-iml,  1.!.  13:  pro\  i^on 
ni.iMO  I'V  \  II  k' 111! a  am!  i'eiin-y  K  ain.i.  !■< ; 
'■-I  natj.Ti.i!  pi..vt-ioii.  -'0.  p. nil  by 
Mte-.  JJ;  art'. 11-.  paiil  !)y  feiieml 
L,.  vei  nnieiit.  J.l ;  n  -irR-tions  ami  !im- 
itatt'Mi-.  J.l;  f. pp.  1-1  tioii  l'»,  J.'^.  .^^  t 
eoniproini-e  inea-ure.  J*';  proTiiije'I  for 
life,  ,'4;  mimtier  entit!p<l  to.  40;  i.-laim< 
rinaUy  -*ttlei1.  ^'  :  urantei  willows  and 
'Min.ir  i-liil.iren.  oy,  lo],  |  OH ;  pri.-f  monev 
tleijnt  ted  fioiii.  lOU;  allow  ance  for  -me 
.1 II  d  1  n  ti  r  mi  t  y  in  nav  y ,  1 0  S .  Set  iii'-o 
Wa-^Hinirtnn,  Cicorne.  and  C'nni  imitation 
of  half  pay. 

Harrison,  IJrnjaniin,  act  'if  .Tunc  27.  IHOO. 
npprov  cii  hv.  W.l;  jire'^idpntial  nornina- 
ttoii  cf,  22':  ante  elfitinn  proini-e'^  of. 
JJ4;    eU-L-iion   of.    -'-'5;    (i.    .\.    H.    IVn-ton 


^r-it  . 


>■  ^**r'i*» 


J02 


INDKX 


<  ■•ftittiiitn-    ,alU    ..II,    JJ6.    (..ii.     Xjiui,  r 

■•II 'I"l    I    iiniii|..i..|i,  I    .,1     1,11. i. .11.    I.t, 

JJft,    i..iTiitifnt»    .,(,    in     an.i.tiitif    t'..ri- 
rnnnrr'«     rr>i|lliMi..n.     JJM,     |,,,|    anniul 

m'".i>li-    ..I.    :.■(:    ,li.ahili,y    ,.,  n,,,,,,    hill 

•  iKiifl   h>.   JIJ.   •iK'ii.il   i<n«i..ii  aui  ilur- 

iriK    .iil!;itni«tr,iti..n    ..f.    .TM, 
Han.     Ailirrl     I'.ikI.ih  II,    t.,iiiinciil,    u(,     ..n 

IH.Iitiis   411.1    |'CH*i.>n-.    JhJ. 
Ilnwlrs',   (.rn.    .1  ."i-lh    M..   .Ii«u>ii..n   of   .\r- 

rial-      \.  I     l.y.     irr,     irx,     1«J,     n.iiJllvc 

>..|.>    ..(.    !".■ 
Ilayf.iiiii,    W  i!li.i!ii.    ,  j»r    ..|,    ^7,    ,,,t 
lUy...    Hull  erf'. 1.1    II.,    .Vtrtar,    Ail    .uiu-.l 

'ly.    I'll-  <ritiii"m   .t.    U,l  1*4. 
ILiyiir,    M'liah.r     l<     \   ,   .|.,,li    .,f,   rriiri. 

inn     IrkiiUll.n     ll|.     (..     l.-.lll,      •/,     ,i|,|,.i,i. 

11. .11  <■(.   1..  lull   ..f    l.s.l.',   i>\. 
IliMi.liT".  11,    Hri  rcinimn.    II.    |l  ,   .'H,   Jl.'. 

ii'ilr  _'. 
Il..>ry.    I..11      A      I'.,    ,-irllvilir.    .,(,    m    |,r|,,i|| 

..(   |..l1~l(.l;»,   Jll.\   ii,,tr  J,   J.'l,  ii.i,.    ),   .'_',i, 

-Ml. 

lii'lu-,    iiiviiH     ,.r    lirli.l.-..    chil.l.    |.i'iiw..n 

I",    m.    1-J.    I7J,   JJ.<,  J6.',   J'/l). 
jiuria*.!.-    Ill    piii^i  ,11,    autuniauc,    Jfti). 
In.liiiii     Wiir.i     til. I     |.ruvi»i..n»     (or    »utn- 
Vi.ri    .-inil     m,l,,».,     114;     «•: vice  |..n«i"nii 
liril    Kr.iiilfil,    1»').'.    115,    incrtaicil    hem- 
liN.    115;    >uii.,iu«,    113. 
IiiK,ill>.   S<ii..ior  .1    J  .  aclion  of,  ,.n   House 
atitdf.    iiirastirc.     I'd;    [...liiiial    i.re..lire 
on,    161;   it]aiii|'i..n  ..f   hill   m   Senatp.    16J; 
r.iliinau-    ..f  hy,    lr7,    170,    arKunuiil 

liy.   aKaiiint  ai,   17; n-   1;   |ir.i|ioial 

of,   to   rcjical     liinuatioii   in    .\rrear»   .\i;t. 
ll-h.    ix;,    nolr,    1    ami    J,    Ivl,    lv7. 
Insanity,   i.liot-y  or   piTmaiifiit   h<-'l[ile!»sm's«i. 
HiiM..n-   in   ca»<-»  ..f,    141,    15.',   17J,   JJ5. 
Jh-',   ."'0, 
lr.*iiiaiui'    law.   J?*.l. 
Iniali.l  c..ri«,   iroM.lcil   f.ir,  .'II;   rsta>ili«h"<' 

il. 
hualnl  j.MiMon  -ynlrm,  ilt'vclojinu'nt  .if.  I-*>. 
IiivatiilptM;-i..ns  'Iflimlion.  _' ;  KhkIi'^Ii 
oriKiii.  '',  c.lonial  i-rovisions,  1.1-17;  hrst 
iirni-.l  ilu.ini!  Ktii.julo.ii  hy  Nathanai-I 
tiretnc,  I'l;  e.tiiii.ite>  -.t  KrvoUitionary 
iiivalt.I-i'f  nsinii  U-mHlatioii,  ')•,;  rrtftilar 
army  an. I  navy.  'In;  War  .if  IMIJ,  loK; 
Inilian  War..  114,  Mtxi.an  War,  Ud; 
(ivii  War:  hr.t  [t  .vi.i.in  f..r,  l.M;  Kin- 
i-ral  lart  i'eii.io;i  sy.lt-rn  fountlcii,  1.'^; 
il' veil. I'lm  lit    ()!    .y.icni,     IJ'J;    (■ons..liila- 

1 .\it.    13-'.    inviea.c    atu,    !!!.■<,>*,    I.S'li, 

135;  j.r.ivi. lolls  (or  avi;ili.)Ti  .iuty,  14J; 
>I'ani.h  W  ,r  an.i  l'liili]i;'inc  Insiirm- 
loin.  115;  rcniiiar  army.  146;  .stali.fii*. 
l-'4.  14v  140.  .s,-,-  ,,Is,.  Siictilic  ili.ahili- 
IK' .    .\rri  .11.    !i->;i.lation. 

Jarli.iin.  ,\nilriw.  rrunlalion  of  IhJ.s  rv- 
Viikvi!  hy,  77;  |ivn.oin.  ;i'lvocale.l  hy.  77; 
.lisvii.si.in   I'v.  of   frauds.   H'). 

lay,   Cliiil    I  i-ii.-c  .I'lui,   i.rotv.t   of.    56. 

lulu-..  Iii.t;h.  I  iirrv.i  iiiilence  uf,  with 
l.vn.    W.i.l!inK-t..n,   .■_',   36,   37. 

Knux,  Henry,  Srvrrlary  of  War.  rcl'irts 
an  1   rfviiiiinicnilalinns  ..f.   S^. 

'..lint:::.  C..-.'.  K..  Iln.  I  =0.  156.  If,J,  166, 
n.iU-  1.  171.  i;.".  I.sj,  l>i3,  1S5.  nii'r  1; 
tvslimi.nv  K,  f.ri-  Ii,  .\  K,  ('.unniitti  i'  on 
I'rn-om.  nlr-ivi-  '..  \',nn  1  irrv  ..irt.  !■<'<; 
tcslinii'iiy      livfiif       Ili.ii-f      iiu  r.tik'nMni< 


•  "n' I',     IM,    Jli, ,,.     1       ,11,,  I,     ,,„ 

i;i    III  H,.,    JU.    .'16,    il.ii,,.,.    ,,,     I.,,,,,,-,,' 

-!'<,    J.6,    .'.'B.    noil-    4,    intlufnvf   of,    Jfti. 
1. in,  I. Ill,  l„.ii     lli-njainin,   Swrrlary  .il    War, 

lilirr     ,f.    Il,    Wa«hingti,n    itUtur    1.1    li,,|| 
I         I'ay,  36. 

list    of    |.rn«ionrr«,    |ar|it    by    slate.    .'.'      or 

.lr,_     i.uhli.lir.l,    7o.    ,jn,..l    f.ir     ,y    ;..„,. 

lor    link.    IHJ  ' 

l.ilitlalinn.    Hayhiirn's    vase     5m      [•     j^     y. 

1     rrviia,    S.4,  60.    |       s    v.   Yal,'.   T.iil.l,  6il' 
I  iviiiK.liin.    1,11V      Wni  ,    Irll.T    ..t      .i-iin.iiii, 
'■■!.■  Iialf  lay,  .'H. 

irrn.     Wlltiaill,     (  ..ininis.jniu.r     i.(      Vru 
lis,  rrailjiolii  ah.  II  of  |.4.nsi.,iis  l.v     '4u 

on|..,|.ularily    .,1,    vvitli    I  i.    .\     K,    ^'41" 
l-.iKan,  John    .\.,   iioniinalion  of,    fa'vir.-.l   h> 

-ol.lirrs,    191), 
■  .■inK.  (  ha».    II..  vane  .,f,  J4I),   not,    t 
l.ovally,  fei|iiirrilienl  for,   ID"),   111.   IM.   |J7. 

Mv.Xiloo.    Wm,    l.ihhs.    vonn...li.,n    of     nil!. 

War    ItiHU      nie    Law   of    l')17,   .'S.I 
McCiimhrr     hill,     J4');     «igne.|     Krhruary     6. 

r*H7,    .'50;    |.rovnion«    ol,    ,>50,    expenill 

lures  uiltter,  J5.>. 
.NtrCumher,     Senalor,     »erviie-anr1  aiie     |.fn 

SI    n    hill    introiliiceil    hy,    .'49;    juhslitule 

f.ir   Mier»oo.l   hill   intro.luce.l   hy,   J56, 
.McKinley,    Wm.,    a|ipeal    in    helialf    of    itr- 

vice  t>ensi.,ns    |ire«enle.l    hy    tin    House   ot 

Repres.nuiivcsl.  J.n  ,  annual  mimage  of 

concerning  wiilown'  i,in«i.,ns.  J44;  special 

pension    aclii    passeil    .luring    administri- 

lii.n  of.    .'79. 
.\lcl'hers,,n.     Senat.,r.     conmirnln     i.f,     on 

methoils    used    in    siiecial     pt-nsinn     leuii- 

lation.   -'76. 
Mack.  Jiilian  \V.,  assistance  .>f,  in  ilrafting 

War   Insurance   I,aw  of  1917. 
Jfadi.s.in.  Janie«,  37,  3.1.  )'),  40,  41.  4K. 

l-rsoi.,    >s,.  i.i;    -     ili-.Thiliiy    .lension    hill 

_^..o.|uvcil    hy,    -•.U.    ptnsi.in    uf,    i.-ratei|. 

Map    showing    per    capita    ilishiirsimrnls    hy 

slates,    l')in.    J6H. 
Marriage,   ilale   of.   elTecl    on    wi. lows'    pen- 
-ion.    ■).'.    06.    Hole    I,    110.    140,    111      .'J5 
-'51,    .'60,    .'f,l. 
Mal.on.    (".    C.    criticism    of.    hy    (1.    A.    K. 

{"..mmillee   ..n    I'ensions.    .'Jl. 
Matthews.     .^enat-T     Stanlev,     petiiion     re 
ganling   arrears     preseiite.l    hy.    160,    161. 
Maxiiiiiiin    expenilitnre    for    pension-.    .'5',i. 
.■daxiinmn    niimher    ..f    iK-nsioncr.s    enrolled, 

.'5'<.    J66. 
Meilu.il    examiners,    1,17.    10'). 
Mericnary  liiarriage  to  livil    War   veterans. 

141. 
Mexican  hor'ler  disimhanees,  provi-iuii.  for, 

136.  113. 
M'-xican  W.ir-  r.-«u!ar  pension,  promised 
for  'li.al'ilitie.,  116;  provision.  for 
wiil.ivv.  nnil  i.r'ili.lns.  116;  agi-anil  service 
act,  .lanii.irv  )''.  l^S/.  117;  inirea.,'  .-irts. 
.I.inii.iiv,  1'<'I3.  11--;  Sepl.-inl.er  H.  I'il6, 
ll'l;  .'U'e-an.l  .er\  i,-e  pensions  granted 
l-.hruarv  6,  l')07.  US,  250.  and  May 
11.  I'M-',  UK,  .'sO;  statistics,  II'). 
Military    reci.rd,    corrected    hy    special    leffis- 

1,111. >n.   -76,    iHite    1. 
Militia.    Iir.t    i.eiisi,.iie.l,    63. 
.Mill.    hill.    .'19,    n.ite    3.    J-'J.    -'-'3. 
Monroe.    Jam...    re,-,,nMn,-ni|,-if;  .ns    jn    ircs- 

sace    of    llecernher.    1*1.,    65 
Morrill,      Repr,  seiilaliv V,      a.  ti    n      on       de- 


fs^m^rjn^^^assfis^mag^^'^^m^^ 


"I'i-'-.  i;--,^«sfiKi 


IMJI  X 


Mi 


l.'v   ir  . 

111.   1.1*'.  n 

tliauTdn<  1 


licililrlit    ticnilMtt    bill,    JJt,    cxal    r^llliulci     '■ 

hy.   .'JJ.  I 

M"iri».     »ii<iivcrnrur,     i.irrrtip'inilcnte     o(,    j 

wt(..    Wji«tiiiii(l"n.   Ju.    -U ,    ni'>lt  >n  t'l  >«     I 

lrii<t  hall   pay.  J.'.  I 

M.ilhtTs.   Iiril   I'luviiUil  ("f.    1-7.   l-">.    I  r  .■    ! 

vi'l'ifi^  utiilrr  K*^"''^'*'  ^^*   >>atrl 

riuiiiuur    (jf,    MJ;    unilcr    War 

l,j«,   J»".    ."'II 
Nati'itLtl     InirlhifrnLrr,    ilcft-Ti^e    <it    m.t    <>( 

l«IH    l>y.    71. 
NjtiMiial      I'rihuiic,     'lc*trii'ti"ti     ..1,      r  i. 

II  '1r     I.     Iitsi     liuhtuatloli     <rf.     1-0.     err 

imtiu    I  I.     nn     (.fniiion     lrt()>.'att"ii.     Ui7. 

II. ■1^1.    I7J.    171.    IHJ.    IK.l.    I»7.    I'yil;   ri-U- 

ti.iiK  wiih  !•   A.  H..    IHJ,    1H4,    l^-V   mile    1. 

INfi.     IBM.    i"'!.    JS5;    |,iilmi4i    aiHllIrl    ill. 

I'<i),    I'l.i.    l'«i.    .'.'■!.    rctJutti'in    "(    la»t« 
o|.|.o«-cl     hy.     195.     JlH,     jr*.     I'rfM.linl 
I  IfMl.iri.l    .ritiii.ed    hy.    Jl.l.    -M7.    .'.'I 
atlaik^   ii|."n.   Jt4Jt6.   inhticiuf  nf,  J65. 

Naval   .\<v,iini    I  I'liiUilrli'hial.    I>i5    IDA. 

N»vy  and  I'livalccr  lawa.  17'<'<  ami  IHilil. 
Kill;  IBIJ.  1»I4.  1X16,  |Kl7.  1<.'4.  101. 
IHJ4.    1H.17.    lilJ.    !«li-'.    1U4;    lf6-l.    105. 

.Navy    .\ur*c   t'lirpn,   JV-. 

Navy  ixntiiitt  fiiiul,  rilahliihril.  lOU: 
aiii.'UiH  irf.  ill  Ifll.  mil.  in  1H17.  1111; 
hiit'iy  -if.  lnl;  a'lmini<ttrali..n  ol,  Inj; 
exhauHlc'l,  lnJ.  rtrcslahlmhrii  im  1K6J. 
104.  invtHltil  .n  I'nilcil  Slairs  »ccuri- 
Uf»,  105.  *iiiii  ..rte-l  Naval  Asylum  at 
I'IiiLkU  l|<)ii.i.  Oil.  incrt-.i'*i<t  in  i*ar  with 
S|«in,    106;    iTcncnt  cunilitmn.    106. 

Newliurgli   ail'lrcMif*.  40. 

Noble.  John  VV.,  Stcrctary  ot  the  Inleriir. 
action  of,  ciinccrning  relating  of  [en 
iiion»,  JJ7.  -VN. 

Number    on     |'en«ion    rolN:     Revolutionary 
War.    I7'IJ.    J.l.    5,5;    1H16.    64.    IHJJ.    7.1;    , 
1HJ.1.  Hi;   1HJ4.  M').  1*0;  resume.  ".5;   War 
of    IKIJ.    11.1;    In.iian    Warn.    115.    Mexi 
can    War.    IIV;    Civil    War.    1S64.    IJO;    I 
l"?.',    I.IU;    ijrnetal    law.    ll'65.10|5.    144; 
War    with    .*^i'ain    -M.ii    riiili[»l'ine    In^ur-    ! 
tl   lion     I  '5;   rcKo  V      :  ;.iy  p^nnion*.   146;    I 
total.     IN7J-1N7H.     14H;     INSj.     IH.';     190». 
25-';    uniltT    act    of    I11J,    .'5');    im.ier    .lit    i 
of   IX''0  anil  general  lav*.  271;  Civil   War 
p.  n-iniier*.     11117  ril7.     -'7J.     t..tal     ffoii 
1K66    to    I'd?.   27J. 

Niir*c<.  servicei'ennions  grante-i  to.  JJ5. 
note    1 ;   insurance  for,   292. 

<>.itli    of    atlfinnncc.    reiinircii    by    orilcr    ol 

><  liteiiilier   4.   1X6I,   127. 
(^Iticers      and      iTivatci,     Washington's     ilc- 

fensc    of    ilistinctionH    lietween.    43.    ^2. 
Ol'i    .ige   i>eii«ions:    half    pay   in   navy,   105; 

Mexican   W;.r.    11.4,    250;   Civil   War.  249, 

250.    2611;     various    rates    for.    250,    25H. 

2611;   wi.h.ws.   260.   264.  1 

Order  of  the  Cincinnati.  i«  Sixiety  of  the 

C'incinnati. 
Orders,   Ilureau  of  IVnsionn:   No.   164,  pro-    | 

visions  of.   2.19;   ahrogatrd.   24(1.      No.   7.t. 

provisn.ps    of.    246;    elTcrt    of.    on    act    of    ■ 

ll<9l).    247;    superseded    hy    act    of    Kohru-    ] 

ary    6.    19o7,    247,    note    1 ;    favored    hy    | 

(1.   .\.  k  .  24H.  i 

Orphans,    j-ensinn    provisions    ftir;     Revolu-    ! 

tionary    W'nr.    ,t.5.    91;    repii'^r    .Trmy.    99: 

regular    n,ivy.     103;    War    of    1^12.    1  OS ; 

Indian    Wars.    114;    Mexican    War.    116. 

(.'ivil    War.    125  127.    139.    141.    142.    l'-.:. 

235.  262;   War  Insurance  Law.  2.'<J.  2s:. 


Tar.-ti    rvilrn.  !■    under    .\rreais   .\vl.    IftS 
i'arnal    disahility,    pi  <  p  utionatc    rate*    fur. 

126 

l'eii^i..ii     lluriati.    adtniiiMtraiiiin    ■  t.      s5: 

dist  tt  11  mar  y  |io*crf  ol.  increased.  Mj. 
*  .ingre^sioiial  invesliiialiun  of.  !,"9.  pii- 
lin,,ll     aitlvinr.     ol.      ImI.      197.      I'.-l.      re 

■  •rgaiii/alt.in    of.    i*H;    iH,wrr»    of.    under 

a  I    ■.*    1«9||,    .39. 
Icri'ion    '  omniittee    of   il  •     il,    .\     K.    j.-/ 

I    irnniittre   on    I'enaions.   l,      \.    H 
I'cri.i.  n    luiid-     ainiy.    10.5.    no.        I91I06 

privateer,   107. 
IVnsion    inbie.    hr»t    plannel    f-u.    25.    pro- 

p   sc'l   !iy    Wasliingfori,    26;    rev-nTrended 

I-y     >riTet,4iy    Cas4.     .s5.      ftlalili  hcd    in 

Is.l.l.   rt, .    ,,■,■   ,i/,,     I't  1  -I  .11    '1,111 .1  I 
IVii  loi    planks    in    liulitlial    platlornis.    Me 

piihluaii.   '.911.   J^}:    l>ein..vralic,   T'v,  :2}. 
'  I'liisi  iners'    .\»»ociali on."     160,     161.    221. 

note  4. 
I'ripl**.    .ther    t!ian    pensioners,    having   p*  i 

s. >nal   interest   in  maintenance  .,f  p'  nsion 

syslt-Ill.    266. 

I'crnianriit  specific  disabilities,  statutory 
rat' s    for    llah!.-i.    13.1, 

I'hitippine   Insurrection.   145. 

I'ohli. -.  .Ificts  of.  on  iinsiin  Ugislatim. 
Ill  I'ensi.in  Ilureau.  179.  ISO.  197,  19!5, 
;ini.ir.g  Iliediiial  boar-Is.  199.  Dies'  npin- 
I'lll    on,    22^;    resume,    262  266.      ,StV    ji(  > 

I.  \,    R,,   and    CiiniMitlee    on    I'enso'ns. 

II.  .\    K. 

rovertv.    elTcct    of,    ..u    peiisi.iM.    ,1.     lo>. 

lis,   .'43,   244. 
I'rall,   .»epat  T,  I'.in-olldation   .\ct  esplamed 

bv.    1.1. . 
I'ri-iTioiiiis  under  War   Iiis'irince   I,.-iw,  2'IS. 
['residential    campaigns,    iif,  ct    of.    ..n    i-n- 

si    n      lenislalion.      l'^6.      T'O.      224.      22^, 

255.    260.   262. 
I'resi'ienti.il  r'-ciniTirnrlati  ois;    I  'lin  IJiiiiicy 

,\dams.   51;   Monro,..  65;  Jacks, ,n,  77.  !*'< . 

I  leveland,    207;    llarri-on.    229. 
I'nvati-    pe'  >lon    acts,   jce    S;ccial    pi-nsr  in 

legislation. 
I'rivatoer   pension    fund.   1M2.    107. 
I'ri/e    mi'ney,    de'lucteil    from    half   pay    al- 
lowance. 100. 
I'roseciltion    for    frauds,    si-eciil    agent    a|- 

p,,inted   for.   12H. 
I'rotective  larirf.  etTect  of.  on   i.ensi.ms.  63. 

77.    7'5.   xo.    .S4.    96.    219.   :J2,    263. 

K.-inlolph.  F.dmund  Icnnings,  attorney  gen- 
eral.   5H.    59. 

Rank,  is  nsi    ris  gra'led  as  t...   126.   130.   l.'i. 

Rate  fi.tiug  power  of  C..mmissi,uu-r  I'f  I'cn- 
si..ns.    135.    239.    240.   249. 

Rati-,  pension:  Revoluti.mary  W:'r.  61. 
61  64  67.  9.'*.  toy;  War  of  l'<12.  |09, 
111);  Indian  Wars.  114.  115.  Mexi.an 
War.  115-119;  Civil  W  ,ir.  126,  120.  130. 
132.  134141.  165.  17.'.  2ils.  '34.  235. 
237.  12.  247.  250.  252.  :60:  .\viatioi;. 
^43-  ndcr  War  Irsuiance  Law.  2!*''. 
29  5. 

Raum.  'irvco  11..  i;ioooited  C,  oii'iu-spou;' 
,,f  r.  fisions  hv  Vrcsiiient  llarns.m.  2-'*: 
relati.  IIS  nf  lleo  K.  Lemon  with.  J2-^. 
note  4;  Order  No.  164  issued  hy,  239; 
:ider  .  f.  abro'4.ited.  240:  revision  of 
ruli.  gs   ^--     discontinui-'l.    241. 

Record  nee.  not  reoutrcd,   110. 

Record  .  snin.  f\irris:ic  1  on  payment  of 
fee.    . 


^^S^i? 


A"  .-?»■; 


;.^a' 


T<<\,. 


304 


INDEX 


Kcductinn  of  j  ensigns,   72,  240. 

kf jjular  army  and  navy  jicnsiuns,  }n>t(iry 
t't.    and  It^rislatii'U  cunctrning,  VH,  *j^>. 

kcKuL.r   army   lensmn";,    146. 

Kt-miiar  establishment  pensit  ns  sintc  1904, 
146. 

Relatives,  dependent,  provi'_,u>n<  fur:  Rtn- 
eral  law.  IJ5-lJy.  K?9.  140;  aviatmn, 
!4J ;  Spanish  War  an(l  Philippine  In- 
••urrectinn,  145:  under  War  Insuranie 
I.avv.    JS4,   .:f^S..">l. 

Keinarnairc.  clTci.-t  nf:  ,,n  dependent 
nu.thers,  \27.  14J.  J9U;  on  widdWi'  j)en- 
^ions:  War  uf  IKIJ,  111;  Indian  Wars. 
115;  Mexiian.  117;  Civil  War,  IJ7.  1.'9. 
14J,   J.»5.   J6I;   War    In-iuranie    Law.   J'JO. 

Renifdial  act  uf  May  1,  ISJO.  prnvisiuns  of. 
71;  C'lniplaints  luncerniiijf,  7-';  repiirt  on, 
l>y    Sccrttary   Calhoun,   74. 

KftatinK  <'f  {HTisimis  hy  (,".'inmisvi(.ner 
i'anner,  _'J6,  JJ7 ;  aLiii-n  cf  St-irt-tary 
I'f  InteriiT.  227.  24U ;  hnard  «f  invevtipa- 
tion  a) ii '"111 ted.  _' Jn  ;  special  ca^ic-  :  !■  rank 
A.  IJntt>.  227,  nute  1;  Senatnr  Mandt-r- 
^',n,  227.  nute  J;  Clias.  P,  I.i.n^r.  J40. 
TM.le    1. 

K(.'-t"raii''ti,  applieatiun  fi'r,  74;  pri'vi'-iori'i 
for.     Ill;    of    widnw-'    pen-imi-..    14J,    2t>\. 

Rt«trictu'n<  un  I'nsiuns  t'l  widows:  rt- 
niarriaKf.  I H).  115.  117.  1J7.  1,19,  14J, 
:.u\  :  di-lnvaliv.  1J7:  latt  niai  ria^e,  110. 
14(*;    jiKunic.    _'4,?,    J44. 

Retirenii-nt   pay,   9*/, 

Retirement   sy>tem,    99. 

Ke\  <'tatii'n   oi   pinsi^n-,    71,   J40, 

RevlutHm,  principal  laws  pensinninf;  '^ol- 
ilief-  i)f  the  (sec  iilsc  C'lntinemal  Cmi- 
Kre>s,  principal  lei;i>lati(in  tjf):  Invalid: 
^'entral  pensinn  law,  March  2i,  1 7"tJ,  55; 
.lijecTinnaiiif  >vt"Ctii)n>  repealed  l-'ehriiarv 
S.  179.1.  60;  laws  of  IHO,'.  IStif  and 
1>()(..  t>2:  act  of  A(<ril  25.  ISO'^.  63;  in- 
crease law.  April  24.  1S16,  64.  Service: 
act  (  f  IHl.'^.  67 :  renieiiial  act.  May  1, 
IHJO,  71;  r.'vtMration  act.  March  1,  1HJ3, 
74;  act  ..f  May  15.  IMJS,  M,  76;  a-idi- 
liuiial  prn\  i-.ions.  June  7.  IS.IJ.  H\  ; 
amendment  of  Kehrnary  1').  IH.V^.  SJ; 
act^  of  1K6_'  and  1S64,  03;  pnvate  act  of 
tel.niarv  27.  1H65,  93.  Widows;  act  of 
In'v  4.  1H36;  91,  94;  acts  of  1H6«  and 
1H7H,  9J. 
Rue.     Representative,    action    of,    regardinn 

arrears,  1 5H.  159. 
Rtll  of  pensioners,  publication  nf,  70;  fur- 
nished on  payment  of  fee.  J60. 
R(>ose\<  It.  Tlieodore,  resignation  of  Com- 
missioner  Kvans  accepted  by,  J45;  Eu- 
geur  V.  Ware  appointed  Commissioner 
(>i  Tensions  hy,  J46;  criticiseri  for  pri'- 
mulpation  of  Order  \o,  7S.  J47 ;  Corp. 
Tanner  aiM'ointed  RcRistir  of  Wills  hy, 
24S;  Ci.  .\.  R.'s  approval  of,  J50;  pri- 
vate pen-'ion  hills  passtd  dtirinj:  admin- 
istration of.  J79. 

Sanlshiiry.    Senator,    speech    of.    cnncerninp 

ilaini   ak'cnts,    194, 
Schiir/.     Carl.    Secretary     of    the     tnt<rior, 

ojini  in   of.  oti    Arrears    Act.    16.1. 
Sn  retary     of     the     Interior,     authori?(  d     t" 

appoint  '^pnial  aKfiit    to   prosecute   frauds. 

]2y:  anthoritv  of.  under  law  of  1S'».\    IIH; 

nn.'.  r    ai'l    .f    August    -'7.    IH.w.w.     13^:     nc- 

li,  ri    •  f.    <  •\    lera'ing'.    -'-7:    hoartl    i  f    in 

\  O'-li^iaii'  II  aipc>inte<i  hy.  JJS, 


Secretary    of    ihc    Treasury,    admini.'^tiatitui 

of  pt-nsions  hy,   51. 
Secretary    of    War.    administration    of    pen- 
sions   tran-feired    to,    51,    54;    power    of. 
undiT  act  of   179J.   56.  under  act   of  I->h- 
ruary    s.     1793.    60;    uililer    law    of    1H03, 
62,    undir   act    of    ISIH,   6S.    under   act   ot 
March    3.    1K19,    75;    report   of.   on   act  of 
1H3J.    H5. 
Ser\ice.    in    War    of    1H12.   60    dav-,    U)9 ;    in 
Indian    W-irs.    30    davs.    115;    in    Mexican 
Wa,.    60    .lays.     117.     J^  i.     J^');     ,„    Civil 
War.    90    d.iyv.     1J6.     1'*:.    J36.    J50.    _'5S. 
-'fil.  special   r.c-nnitioii  of  lopi;  and  inerl 
lorioii^.  J54,   J5S.  2t2. 
Sen  ice    I 'en-ion    A--uciation,    2o5,    note    2, 

22\.  note  4. 
Si  r\ice  pt  ision  Vpislntinn:  Revolutionary 
War  Cv.','  .;/,..  Il.ilf  payl:  Act  of  IHIS. 
67:  MiTKilial  act  (  Mav  1.  IsJm.  71;  act 
of  junr  7.  1S3J.  SI,  R.gular  armv,  »'). 
War  of  INIJ:  .ki  uf  Fehruarv  14.  1S71. 
109;  increase  act  of  March  *'.  lS7,w.  110. 
Indian  Wars:  Act  of  Tulv  27.  \S'i2.  114; 
later  arts.  115.  Mexican  War,  Act  -.1 
.lanuary  J9,  1SH7.  117;  later  acts.  UK. 
Civil  War:  act  r-f  Tune  J7,  1H90,  2}.^: 
amtndinir  act.  Mav  «.  I9(iu.  242;  act  ot 
May  11,  I'MJ.  J.^s. 
Service-pensiniis:  fur  Revoluiionary  oHi- 
cers,  sci-  Half  pay;  for  soldieis.  first 
pr('i">std  hy  rresident  Monroe,  65;  oliuT 
Presidential  recommendations:  lackson, 
77.  riev.tatid.  :07.  IhurisoiJ.  JJ9; 
frauds.  S7;  t"ounnissiuner  taker's  report 
on.  95;  statistics.  113.  115.  119,  J70; 
C..  .\.  R.'s  cuniu-ction  with,  J05,  J46.  249, 
J  5  4,  -'60;  agitation  for.  amone  laim 
au'tnts  and  newspapers.  190.  l')4-V)6.  J14, 
215  _M  7 :  fir^-t  granted  during  Civil  War. 
2.^};  ewls  of,  2^7.  J39;  general  discus-ion 
of  system.  J62-270. 
Sherman,  Tohn.  cost  of  arrears  hill  e-ti- 
mated  by,  163.  169.  171;  .\rrears  Act 
itscnssed  hy.  172.  note  2;  views  of,  ex- 
pressed in  .Senate.  191,  1 9 J ;  rcoeal  of 
arrear=  limi'riiion  supported  bv.  231.  Srr 
also  179.  180. 
Slu-t  ."od,  C,en.  Isaac  R,.  sci  vice|>i  ri-^ion 
hi"  prepared  by,  254;  speech  of.  deccrib- 
\r.v  proceedings  at  <i.  A.  R.  encamiimcnt, 
2  5;  comments  of,  on  Snlb'way  bill.  256. 
Sherwood  service  pension  bill.  254;  com- 
parison of.  with  '^^uUowav  hilt.  254; 
passed  hy  House.  256. 
Simtde  tota'  di  •ability  rate,  135, 
Sisters,  nrst  ]irovid<'d  for.  127.  12S;  ftir- 
ther  ]irov;sions  under  general  law  sys- 
tem. 139.  }40.  142:  tii'de-  War  Insurnnce 
T.aw.  2S7.  2H9, 
Slater,    Senator,    coninu-nl'    of.    on    Mexican 

War    bill.    193. 
Smith.     Senator    Wni  .    ■speech    of.    opposing 

ciTvire  pi'tisions.   66. 
Society  of  the  Ciori oiiati.  46,  47.  not,-  3;  52. 
Soldiers'    and    Sailor^'    Ass<ieiaiion.    161. 
Soldiers'     an('     S  lit  ops'     iiisur.nnce    law.    .tfe 

War    Insurance    Law    of    1917, 
S.. Idlers'      homes-      uccMi'ants      i„       19]=.       (. 

nop-    1  :   Clu-tsea   }h  M'ital.   11. 
SoMihern     states,    absent     frriu     pensio.n    li^t 
in    T^19.    70;    small    pension    expenditurrs 
in.    267. 
*-•    on      war    with:     provisions    for    widows, 
1.    note   4;    ai>ptication    of    geiieral    law, 
'-;  statistics,   145. 


^[•^■^ 


x^t^s;^- 


■%^2LMI^ 


INDEX 


305 


b/'^iul  i^eiisign  legislation,  histury  of,  and 
cau^e  for,  27  S;  bow  paiscd,  JTb,  277 ; 
vetoes  of:  Grant,  277;  Cleveland.  J7tt ; 
nvmber  passed  during  vartou^  admiii- 
ist'Stfons,   J7V;   statistics.   JbU. 

hijK.-u.-  ."■^-bilitie-^,  rates  for,  IJV,  UO- 
'.St,  .'■''.  2^2;  Luniniisbioiier  liaker's 
ici'ort  i-i,  131;  difficulties  in  rating,  136; 
li'ji'ibe  if  pensions  granted  fur,  to  June 
.'U     IL.'       138. 

iu^e  pe  jon  provision:  I'ennsytvania,  18, 
\  irKiT.ia,  18:  uniform  method  for,  sug- 
jca."  by  Continental  Congress,  22;  pay- 
ments assumed  by  U.  S.,   54,  63, 

States,  di!>bursements  per  capita  among,  in 
1910.  2t7,  268,  2t9. 

Statistical  tables:  total  annual  payments 
for  navy  pensions,  106;  War  ot  1S1<; 
pensions  since  i8/l,  113;  Indian  Wars 
pensions  since  18V3,  11::;  Mexican  War 
pensions  since  1887,  119;  statutory  rates 
fur  permanent  specific  disabilitu's,  133; 
classiticatiun  uf  all  disabilities  fur  wliKh 
pensions  were  granted  to  June  i\},  1888, 
138;  general  law  {.^n^iuners  since  1865, 
1^4;  War  with  Spain  and  I'liilip' mc  In- 
surrection pensions  since  layv,  145; 
regular  establishment  pensions  since  1904, 
140;  relative  amounts  disbursed  for  first 
und  subsequent  payments,  1877-18!i'y, 
2{}S,  per  capita  disbursements  fn  states, 
-'69;  expenditures  under  act  oi  IS^U 
(1891-1907),  J70:  number  of  Civil  Wat 
pensioners,  1891-1^07,  *'7l ;  number  ut 
tivil  War  |*iisiunerri.  19071917.  272, 
disburscuK-nts  lor  pensions  and  main- 
tenaiice  uf  pension  system,  1^66■l917, 
J73;  total  amount  of  pensions,  17*^0  1917, 
J74;  special  pension  legislation,  2ti0;  pre- 
miums undt!  War  Insurance  Law.  Oct.  6. 
1917.    J95. 

Surgeons,  fees  fur  exand nation  by,  128; 
instructions  to,  by  Commissiuner  tlvans. 
J43. 

Surplus,  Treasury,  relation  of,  to  pensions. 
64,   b5,  t.9.  91,  96,   22>,  249.   2o3. 

Sulloway  bill,  J34.  note   1.  255,  256. 

I'alt,  President  Wm.  H.,  oppositiun  of,  to 
SiiHuway  biM.  J:.b;  service-aiid  age  bill 
signed  by.  May  11.  iviJ;  25.S,  special 
pension  acts  passed  during  admlnj^tratlon 
ot,  279. 

Taney.  Chief  Justice  Kut^er  U.,  upiniun  ol, 
in   C.    S.   V.   Kerreira,   58. 

Tanner,  I'urp.  James,  report  ol,  to  (i.  A. 
R,  181;  activities  of,  as  member  of  ti. 
A.  K.  Committee  un  Pen.sions,  IJ<8;  (leu. 
K.  Leniun  deftnded  by,  218,  note  I; 
appoinied  Commissioner  of  Pensions. 
226 ;  rerating  by,  226 ;  salaries  of  em- 
ployes raised  by.  227;  liberality  checked 
by  Secretary  f  the  Interior.  227 ; 
resignation  of,  228;  i',.  .\.  R.'s  endorse- 
ment of,  226,  22"*,  note  1 ;  K.vans  at- 
tacked by,  244,  note  1;  appointed  Regis- 
ter of  Wills,  248;  elected  Cummander-m- 
Chief.  (;    A.   R,.  248 

Thnrman.  Senator  Allen  (i..  comment  ol. 
on  cost  of  arrears  bill,  169;  nominated 
fur   vice-president.   223. 

Todd.  Vale,  case  of.  59,  60. 


Total    disability,    rates    for,    108,    111,    US. 

118,    126.    132,   134,    135.    137. 
Traditiuiial    evidence    accepted    as    prouf    ot 

claims,   82. 
Tteasury,   condition   of,   in    relation    to   peo- 

siun    legislation.    64,    65,    6V.    72.    91,    96, 

222,  248,  249,  26J. 


S.    V. 


Fcrri.ra,    58. 
Vale  Todd,  59,  60. 


\'est,  Senator  (.i.  G.,  comments  uf,  on  Mex- 
ican War  bill.  193;  on  G.  A.  K.,  ^20, 
note  4. 

War  insurance  Law  of  1917.  histury  and 
adimnistration  of,  283;  leading  features 
of,  284-286 :  outline  of  provisions  and 
schedules.   267,   premiums    under,   295. 

v\ar  of  1812:  rirsi  provisions  fur  survivors, 
widuws  and  orphans,  108;  service-pen- 
sions granted,  18/1.  109;  restricuons  on 
widows'  pensiunK,  ilU;  more  libera!  pru- 
wsiuns  in  act  oi  .March  9,  la7G,  110. 
requirement  of  loyalty  abolished,  111; 
last  survivor.  112;  statistics  concerning, 
113. 

War    of    1812   pensiuii    act    (ISJll.    109.    149. 

War  Risk   Insurance,  bureau  uf,  283. 

V^'ar  with   Spain,  see  Spain,  war   with. 

Ware,  tugcne  1-..  (.  uinini.-siuner  of  Pen- 
sions, appointed  by  Fresider.i  Koosevell. 
246. 

Warner  bill,   190. 

W.'irner,  Representative,  claim  agents  cnti- 
cived    by,    215,    21(i.    217. 

Wa-,liiiigtoij,  Vieorge,  "remark!."  uf,  on  Col. 
lilanil's  proposals,  24;  letters  to  I'resi- 
(lent  uf  Congress.  24,  26,  27,  30.  iS,  34, 
40,  41.  42;  memorial  to  Congressional 
ctjnimittee,  25;  correspondence  with:  John 
Hamster,  28.  Guu\erneur  .Morn-.,  30,  31, 
a  cummutee  of  Congress,  30,  John  Arm- 
strong, 31,  Josi-ph  Junes,  i2,  ib,  37,  40, 
On.  Lincoln,  36;  circular  letter  to  gov- 
ernors of  all  states.  42;  defense  of  dis- 
•inLtuin  btiween  i.Hicers  and  privates  by, 
43.   5.^;   juilges"   protest   to,   56. 

Webster,  Noah.  Commutation  Act  de- 
fended by.  46.  48. 

\\  iduws:  Knglish  relief  for,  12;  Colonial 
provisions,  15-17 ;  state  provi-ions,  18; 
Washingtun's  etfurts  in  behalf  of.  25 . 
31;  tirst  national  provisions,  3i ,  sum- 
mary of  Revolutionary  legislation,  91 
*J6;  regular  army  provisions.  99;  regular 
navv  pruvisioiis.  103;  War  of  1812.  108- 
111,  113;  liuji.ui  Wars.  114.  US;  Mexi- 
can War,  116,  1 1'J;  Civil  War  general 
law.  125-127.  139-142,  144;  Arrears  Act, 
174.  192.  200.  201;  act  of  1890,  235.  237; 
a.t  of  19U0.  243,  244;  later  acts.  251- 
.'?.!.  258-202;  War  with  Spain  and  Philip- 
pine Insurrection,  141,  145 ;  regular  es- 
tablish nient,  146:  under  War  Insurance 
Law,    2S4.    288-291. 

Widows'  IVnMon  bill  (April  19.  1908).  pro- 
visions and  effect,  251;  expenditures  un- 
der. 252. 

Wilson,  Wooorow,  War  Insurance  Law 
sigrned  by.  283;  joint  resolution  extending 
time  for  application  lor  insurance  ap- 
proved by,  286,  note  1. 


"  «^:^-'r 


^-.id' 


iriTfT'Tr-'iiai'^iiiN-^   lYi  - 


■"  r.^  .  r.\' :  K 


